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FIFTY SIXTH DAY
MORNING SESSION
House Chamber, Olympia, Sunday, March 5, 2000
The House was called to order at 10:00 a.m. by Speaker Pro Tempore Pennington. The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Steve Stensager and Scott Webster. Prayer was offered by Representative Mark Miloscia.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
Speaker Ballard assumed the chair.
SENATE AMENDMENTS TO HOUSE BILL
February 29, 2000
Mr. Speaker:
The Senate has passed House Bill No. 1070 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 39.10.020 and 1997 c 376 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Alternative public works contracting procedure" means the design-build and the general contractor/construction manager contracting procedures authorized in RCW 39.10.050 and 39.10.060, respectively.
(2) "Public body" means the state department of general administration; the University of Washington; Washington State University; every city with a population greater than one hundred fifty thousand; every city authorized to use the design-build procedure for a water system demonstration project under RCW 39.10.065(3); every county with a population greater than four hundred fifty thousand; ((and)) every port district with a population greater than five hundred thousand; and those school districts proposing projects that are considered and approved by the school district project review board under section 4 of this act.
(3) "Public works project" means any work for a public body within the definition of the term public work in RCW 39.04.010.
Sec. 2. RCW 39.10.060 and 1997 c 376 s 4 are each amended to read as follows:
(1) Notwithstanding any other provision of law, and after complying with RCW 39.10.030, the following public bodies may utilize the general contractor/construction manager procedure of public works contracting for public works projects authorized under subsection (2) of this section: The state department of general administration; the University of Washington; Washington State University; every city with a population greater than one hundred fifty thousand; every county with a population greater than four hundred fifty thousand; ((and)) every port district with a population greater than five hundred thousand; and those school districts proposing projects that are considered and approved by the school district project review board under section 4 of this act. For the purposes of this section, "general contractor/construction manager" means a firm with which a public body has selected and negotiated a maximum allowable construction cost to be guaranteed by the firm, after competitive selection through formal advertisement and competitive bids, to provide services during the design phase that may include life-cycle cost design considerations, value engineering, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work, and to act as the construction manager and general contractor during the construction phase.
(2) Except those school districts proposing projects that are considered and approved by the school district project review board public bodies authorized under this section may utilize the general contractor/construction manager procedure for public works projects valued over ten million dollars where:
(a) Implementation of the project involves complex scheduling requirements;
(b) The project involves construction at an existing facility which must continue to operate during construction; or
(c) The involvement of the general contractor/construction manager during the design stage is critical to the success of the project.
(3) Public bodies should select general contractor/construction managers early in the life of public works projects, and in most situations no later than the completion of schematic design.
(4) Contracts for the services of a general contractor/construction manager under this section shall be awarded through a competitive process requiring the public solicitation of proposals for general contractor/construction manager services. The public solicitation of proposals shall include: A description of the project, including programmatic, performance, and technical requirements and specifications when available; the reasons for using the general contractor/construction manager procedure; a description of the qualifications to be required of the proposer, including submission of the proposer's accident prevention program; a description of the process the public body will use to evaluate qualifications and proposals, including evaluation factors and the relative weight of factors; the form of the contract to be awarded; the estimated maximum allowable construction cost; minority and women business enterprise total project goals, where applicable; and the bid instructions to be used by the general contractor/construction manager finalists. Evaluation factors shall include, but not be limited to: Ability of professional personnel, past performance in negotiated and complex projects, and ability to meet time and budget requirements; location; recent, current, and projected work loads of the firm; and the concept of their proposal. A public body shall establish a committee to evaluate the proposals. After the committee has selected the most qualified finalists, these finalists shall submit final proposals, including sealed bids for the percent fee, which is the percentage amount to be earned by the general contractor/construction manager as overhead and profit, on the estimated maximum allowable construction cost and the fixed amount for the detailed specified general conditions work. The public body shall select the firm submitting the highest scored final proposal using the evaluation factors and the relative weight of factors published in the public solicitation of proposals.
(5) The maximum allowable construction cost may be negotiated between the public body and the selected firm after the scope of the project is adequately determined to establish a guaranteed contract cost for which the general contractor/construction manager will provide a performance and payment bond. The guaranteed contract cost includes the fixed amount for the detailed specified general conditions work, the negotiated maximum allowable construction cost, the percent fee on the negotiated maximum allowable construction cost, and sales tax. If the public body is unable to negotiate a satisfactory maximum allowable construction cost with the firm selected that the public body determines to be fair, reasonable, and within the available funds, negotiations with that firm shall be formally terminated and the public body shall negotiate with the next highest scored firm and continue until an agreement is reached or the process is terminated. If the maximum allowable construction cost varies more than fifteen percent from the bid estimated maximum allowable construction cost due to requested and approved changes in the scope by the public body, the percent fee shall be renegotiated.
(6) All subcontract work shall be competitively bid with public bid openings. Subcontract work shall not be issued for bid until the public body has approved, in consultation with the office of minority and women's business enterprises or the equivalent local agency, a plan prepared by the general contractor/construction manager for attaining applicable minority and women business enterprise total project goals that equitably spreads women and minority enterprise opportunities to as many firms in as many bid packages as is practicable. When critical to the successful completion of a subcontractor bid package the owner and general contractor/construction manager may evaluate for bidding eligibility a subcontractor's ability, time, budget, and specification requirements based on the subcontractor's performance of those items on previous projects. Subcontract bid packages shall be awarded to the responsible bidder submitting the low responsive bid. The requirements of RCW 39.30.060 apply to each subcontract bid package. All subcontractors who bid work over three hundred thousand dollars shall post a bid bond and all subcontractors who are awarded a contract over three hundred thousand dollars shall provide a performance and payment bond for their contract amount. All other subcontractors shall provide a performance and payment bond if required by the general contractor/construction manager. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project. Except as provided for under subsection (7) of this section, bidding on subcontract work by the general contractor/construction manager or its subsidiaries is prohibited. The general contractor/construction manager may negotiate with the low-responsive bidder in accordance with RCW 39.10.080 or, if unsuccessful in such negotiations, rebid.
(7) The general contractor/construction manager, or its subsidiaries, may bid on subcontract work on projects valued over twenty million dollars if:
(a) The work within the subcontract bid package is customarily performed by the general contractor/construction manager;
(b) The bid opening is managed by the public body; and
(c) Notification of the general contractor/construction manager's intention to bid is included in the public solicitation of bids for the bid package.
In no event may the value of subcontract work performed by the general contractor/construction manager exceed twenty percent of the negotiated maximum allowable construction cost.
(8) A public body may include an incentive clause in any contract awarded under this section for savings of either time or cost or both from that originally negotiated. No incentives granted may exceed five percent of the maximum allowable construction cost. If the project is completed for less than the agreed upon maximum allowable construction cost, any savings not otherwise negotiated as part of an incentive clause shall accrue to the public body. If the project is completed for more than the agreed upon maximum allowable construction cost, excepting increases due to any contract change orders approved by the public body, the additional cost shall be the responsibility of the general contractor/construction manager.
NEW SECTION. Sec. 3. A new section is added to chapter 39.10 RCW to read as follows:
In addition to the projects authorized in RCW 39.10.060, public bodies may also use the general contractor/construction manager contracting procedure for the construction of school district capital demonstration projects, subject to the following conditions:
(1) The project must receive approval from the school district project review board established under section 4 of this act.
(2) The school district project review board may not authorize more than two demonstration projects valued over ten million dollars and two demonstration projects valued between five and ten million dollars.
(3) The school district project review board may not approve more than one demonstration project under this section for each school district.
NEW SECTION. Sec. 4. A new section is added to chapter 39.10 RCW to read as follows:
(1) The school district project review board is established to review school district proposals submitted by school districts to use alternative public works contracting procedures. The board shall select and approve qualified projects based upon an evaluation of the information submitted by the school district under subsection (2) of this section. The membership of the board shall be selected by the independent oversight committee as established under RCW 39.10.110 and shall include the following representatives, each having experience with public works or commercial construction: One representative from the office of the superintendent of public instruction; one representative from the office of financial management; two representatives from the construction industry, one of whom works for a construction company with gross annual revenues of twenty million dollars or less; one representative from the specialty contracting industry; one representative from organized labor; one representative from the design industry; one representative from a public body previously authorized under this chapter to use an alternative public works contracting procedure who has experience using such alternative contracting procedures; one representative from school districts with ten thousand or more annual average full-time equivalent pupils; and one representative from school districts with fewer than ten thousand average full-time equivalent pupils. Each member shall be appointed for a term of three years, with the first three-year term commencing after the effective date of this section. Any member of the school district project review board who is directly affiliated with any applicant before the board must recuse him or herself from consideration of the application.
(2) A school district seeking to use alternative contracting procedures authorized under this chapter shall file an application with the school district project review board. The application form shall require the district to submit a detailed statement of the proposed project, including the school district's name; student population based upon October full-time equivalents; the current projected total budget for the project, including the estimated construction costs, costs for professional services, equipment and furnishing costs, off-site costs, contract administration costs, and other related project costs; the anticipated project design and construction schedule; a summary of the school district's construction activity for the preceding six years; and an explanation of why the school district believes the use of an alternative contracting procedure is in the public interest and why the school district is qualified to use an alternative contracting procedure, including a summary of the relevant experience of the school district's management team. The applicant shall also provide in a timely manner any other information concerning implementation of projects under this chapter requested by the school district project review board to assist in its consideration.
(3) Any school district whose application is approved by the school district project review board shall comply with the public notification and review requirements in RCW 39.10.030.
(4) Any school district whose application is approved by the school district project review board shall not use as an evaluation factor whether a contractor submitting a bid for the approved project has had prior general contractor/construction manager procedure experience.
(5) The school district project review board shall prepare and issue a report reviewing the use of the alternative public works contracting procedures by school districts. The board shall report to the independent oversight committee at least sixty days before the oversight committee is required to report to the legislature under RCW 39.10.110(4)."
On page 1, line 2 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 39.10.020 and 39.10.060; and adding new sections to chapter 39.10 RCW."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 1070 and advanced the bill as amended by the Senate to final passage.
Representatives Romero and Schmidt spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Ballard stated the question before the House to be final passage of House Bill No. 1070 as amended by the Senate.
MOTIONS
On motion of Representative Schoesler, Representatives Boldt, Campbell, Crouse, DeBolt, Mulliken, Thomas and Van Luven were excused. On motion of Representative Wolfe, Representatives Anderson, Dickerson, Eickmeyer, Haigh, Keiser, Morris, Poulsen, Quall, Reardon and Scott were excused.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 1070 as amended by the Senate and the bill passed the House by the following vote: Yeas - 80, Nays - 1, Absent - 0, Excused - 17.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Buck, Bush, Cairnes, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Delvin, Doumit, Dunn, Dunshee, Edmonds, Edwards, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Radcliff, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 80.
Voting nay: Representative Cox - 1.
Excused: Representatives Anderson, Boldt, Campbell, Crouse, DeBolt, Dickerson, Eickmeyer, Haigh, Keiser, Morris, Mulliken, Poulsen, Quall, Reardon, Scott, Thomas and Van Luven - 17.
House Bill No. 1070, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
February 29, 2000
Mr. Speaker:
The Senate has passed Substitute House Bill No. 1218 with the following amendment(s)
On page 7, line 38, after "30," strike "2000" and insert "2001"
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 1218 and advanced the bill as amended by the Senate to final passage.
Representatives Cody and Pflug spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Ballard stated the question before the House to be final passage of Substitute House Bill No. 1218 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 1218 as amended by the Senate and the bill passed the House by the following vote: Yeas - 81, Nays - 0, Absent - 0, Excused - 17.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Buck, Bush, Cairnes, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Delvin, Doumit, Dunn, Dunshee, Edmonds, Edwards, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Radcliff, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 81.
Excused: Representatives Anderson, Boldt, Campbell, Crouse, DeBolt, Dickerson, Eickmeyer, Haigh, Keiser, Morris, Mulliken, Poulsen, Quall, Reardon, Scott, Thomas and Van Luven - 17.
Substitute House Bill No. 1218, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 2000
Mr. Speaker:
The Senate has passed Substitute House Bill No. 2338 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 79A.05 RCW to read as follows:
(1) Notwithstanding any other provision of this chapter, the commission may directly dispose of up to ten contiguous acres of real property, without public auction, to resolve trespass, property ownership disputes, and boundary adjustments with adjacent private property owners. Real property to be disposed of under this section may be disposed of only after appraisal and for at least fair market value, and only if the transaction is in the best interest of the state. The commission shall cooperate with potential purchasers to arrive at a mutually agreeable sales price. If necessary, determination of fair market value may include the use of separate independent appraisals by each party and the review of the appraisals, as agreed upon by the parties. All conveyance documents shall be executed by the governor. All proceeds from the disposal of the property shall be paid into the park land acquisition account. No disposal of real property may be made without the unanimous consent of the commission.
(2) Prior to the disposal of any real property under subsection (1) of this section, the commission shall hold a public hearing on the proposal in the county where the real property, or the greatest portion of the real property, is located. At least ten days, but not more than twenty-five days, prior to the hearing, the commission shall publish a paid public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing, at least once in one or more daily newspapers of general circulation in the county and at least once in one or more weekly newspapers circulated in the area where the real property is located. A news release concerning the public hearing must be disseminated among print and electronic media in the area where the real property is located. The public notice and news release shall also identify the real property involved in the proposed disposal and describe the purpose of the proposed disposal. A summary of the testimony presented at the public hearing shall be prepared for the commission's consideration when reviewing the proposed disposal of real property.
(3) If there is a failure to substantially comply with the procedures set out under this section, then the agreement to dispose of the real property is subject to being declared invalid by a court of competent jurisdiction. Such a suit must be brought within one year of the date of the real property disposal agreement."
On page 1, line 1 of the title, after "property;" strike the remainder of the title and insert "and adding a new section to chapter 79A.05 RCW."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 2338 and advanced the bill as amended by the Senate to final passage.
Representatives Alexander and Regala spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Ballard stated the question before the House to be final passage of Substitute House Bill No. 2338 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2338 as amended by the Senate and the bill passed the House by the following vote: Yeas - 81, Nays - 0, Absent - 0, Excused - 17.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Buck, Bush, Cairnes, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Delvin, Doumit, Dunn, Dunshee, Edmonds, Edwards, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Radcliff, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 81.
Excused: Representatives Anderson, Boldt, Campbell, Crouse, DeBolt, Dickerson, Eickmeyer, Haigh, Keiser, Morris, Mulliken, Poulsen, Quall, Reardon, Scott, Thomas and Van Luven - 17.
Substitute House Bill No. 2338, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 2, 2000
Mr. Speaker:
The Senate has passed Substitute House Bill No. 2454 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. This act shall be known and cited as the Fred Mills act.
Sec. 2. RCW 74.41.020 and 1987 c 409 s 1 are each amended to read as follows:
It is the intent of the legislature to provide ((for both)) a comprehensive program of long-term care information and support, including in-home and out-of-home respite care services ((which are provided by a range of service providers)), for family and other unpaid caregivers who provide the daily services required when caring for adults with functional disabilities. The ((respite care)) family caregiver long-term care information and support services shall:
(1) Provide information, relief, and support to family or other unpaid caregivers of ((disabled)) adults with functional disabilities;
(2) Encourage family and other nonpaid individuals to provide care for ((disabled)) adults with functional disabilities at home, and thus offer a viable alternative to ((institutionalization)) placement in a long-term care facility;
(3) Ensure that respite care is made generally available on a sliding-fee basis to eligible participants in the program according to priorities established by the department;
(4) Be provided in the least restrictive setting available consistent with the individually assessed needs of the ((functionally disabled)) adults with functional disabilities; ((and))
(5) Include services appropriate to the needs of persons caring for individuals with dementing illnesses; and
(6) Provide unpaid family and other unpaid caregivers with services that enable them to make informed decisions about current and future care plans, solve day-to-day caregiving problems, learn essential caregiving skills, and locate services that may strengthen their capacity to provide care.
Sec. 3. RCW 74.41.030 and 1987 c 409 s 2 are each amended to read as follows:
Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
(1) "Family caregiver long-term care information and support services" means providing long-term care information and support services to unpaid family and other unpaid caregivers of adults with functional disabilities, including but not limited to providing: (a) Information about available public and private long-term care support services; (b) assistance in gaining access to an array of appropriate long-term care family caregiver services; (c) promotion and implementation of support groups; (d) caregiver training to assist the nonpaid caregivers in making decisions and solving challenges relating to their caregiving roles; (e) respite care services; and (f) additional supportive long-term care services that may include but not be limited to translating/interpreter services, specialized transportation, coordination of health care services, help purchasing needed supplies, durable goods, or equipment, and other forms of information and support necessary to maintain the unpaid caregiving activity.
(2) "Respite care services" means relief care for families or other caregivers of ((disabled)) adults with functional disabilities, eligibility for which shall be determined by the department by rule. The services provide temporary care or supervision of ((disabled)) adults with functional disabilities in substitution for the caregiver. The term includes ((social)) adult day ((care)) services.
(((2))) (3) "Eligible participant for family caregiver long-term care information and support services" means an adult (((a))) who needs substantially continuous care or supervision by reason of his or her functional disability((, and (b) who is assessed as requiring institutionalization in the absence of a caregiver assisted by home and community support services, including respite care)) and may be at risk of placement into a long-term care facility.
(4) "Eligible participant for respite care services" means an adult who needs substantially continuous care or supervision by reason of his or her functional disability and is also assessed as requiring placement into a long-term care facility in the absence of an unpaid family or other unpaid caregiver.
(((3))) (5) "Unpaid caregiver" means a spouse, relative, or friend who has primary responsibility for the care of ((a functionally disabled adult,)) an adult with a functional disability and who does not receive financial compensation for the care((, and who is assessed as being at risk of placing the eligible participant in a long-term care facility if respite care is not available)). To be eligible for respite care and for family caregiver support services, the caregiver is considered the client.
(((4) "Institutionalization" means placement in a long-term care facility.
(5))) (6) "((Social)) Adult day ((care)) services" means nonmedical services to persons who live with their families, cannot be left unsupervised, and are at risk of being placed in a twenty-four-hour care facility if their families do not receive some relief from constant care.
(((6))) (7) "Department" means the department of social and health services.
Sec. 4. RCW 74.41.050 and 1989 c 427 s 8 are each amended to read as follows:
The department shall contract with area agencies on aging or other appropriate agencies to conduct ((respite care projects)) family caregiver long-term care information and support services to the extent of available funding. The responsibilities of the agencies shall include but not be limited to: (1) Administering a program of family caregiver long-term care information and support services; and (2) negotiating rates of payment, administering sliding-fee scales to enable eligible participants to participate in paying for respite care, and arranging for respite care information, training, and other support services. ((Rates of payment to respite care service providers shall not exceed, and may be less than, rates paid by the department to providers for the same level of service.)) In evaluating the need for respite services, consideration shall be given to the mental and physical ability of the caregiver to perform necessary caregiver functions.
Sec. 5. RCW 74.41.070 and 1998 c 245 s 151 are each amended to read as follows:
The area agencies on aging administering ((respite care programs)) family caregiver long-term care information and support services shall maintain data which indicates demand for ((respite care, and which includes information on in-home and out-of-home day care and in-home and out-of-home overnight care demand)) family caregiver long-term care information and support services."
On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "amending RCW 74.41.020, 74.41.030, 74.41.050, and 74.41.070; and creating a new section."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 2454 and advanced the bill as amended by the Senate to final passage.
Representatives Edmonds and Pflug spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Ballard stated the question before the House to be final passage of Substitute House Bill No. 2454 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2454 as amended by the Senate and the bill passed the House by the following vote: Yeas - 81, Nays - 0, Absent - 0, Excused - 17.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Buck, Bush, Cairnes, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Delvin, Doumit, Dunn, Dunshee, Edmonds, Edwards, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Radcliff, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 81.
Excused: Representatives Anderson, Boldt, Campbell, Crouse, DeBolt, Dickerson, Eickmeyer, Haigh, Keiser, Morris, Mulliken, Poulsen, Quall, Reardon, Scott, Thomas and Van Luven - 17.
Substitute House Bill No. 2454, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 2, 2000
Mr. Speaker:
The Senate has passed House Bill No. 2520 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 71.05.020 and 1999 c 13 s 5 are each amended to read as follows:
((For the purposes of)) The definitions in this section apply throughout this chapter((:)) unless the context clearly requires otherwise.
(1) "Admission" or "admit" means a decision by a physician that a person should be examined or treated as a patient in a hospital;
(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;
(((2))) (3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;
(((3))) (4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;
(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;
(6) "County designated mental health professional" means a mental health professional appointed by the county to perform the duties specified in this chapter;
(((4))) (7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;
(((5))) (8) "Department" means the department of social and health services;
(((6))) (9) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;
(10) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;
(((7))) (11) "Developmental disability" means that condition defined in RCW 71A.10.020(3);
(((8))) (12) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;
(13) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;
(((9))) (14) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;
(((10))) (15) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the individual being assisted as manifested by prior charged criminal conduct;
(((11))) (16) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;
(((12))) (17) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge ((from involuntary confinement)) or release, and a projected possible date for discharge ((from involuntary confinement)) or release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences;
(((13))) (18) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;
(((14))) (19) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) The individual has threatened the physical safety of another and has a history of one or more violent acts;
(((15))) (20) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on an individual's cognitive or volitional functions;
(((16))) (21) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(((17))) (22) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;
(((18))) (23) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, hospital, or sanitarium, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;
(((19))) (24) "Professional person" means a mental health professional and shall also mean a physician, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(((20))) (25) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;
(((21))) (26) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;
(((22))) (27) "Public agency" means any evaluation and treatment facility or institution, hospital, or sanitarium which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill; if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;
(((23))) (28) "Release" means legal termination of the commitment under the provisions of this chapter;
(29) "Resource management services" has the meaning given in chapter 71.24 RCW;
(((24))) (30) "Secretary" means the secretary of the department of social and health services, or his or her designee;
(((25))) (31) "Social worker" means a person with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary;
(((26))) (32) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.
Sec. 2. RCW 71.05.025 and 1989 c 205 s 9 are each amended to read as follows:
The legislature intends that the procedures and services authorized in this chapter be integrated with those in chapter 71.24 RCW to the maximum extent necessary to assure a continuum of care to persons who are mentally ill or who have mental disorders, as defined in either or both this chapter and chapter 71.24 RCW. To this end, regional support networks established in accordance with chapter 71.24 RCW shall institute procedures which require timely consultation with resource management services by county-designated mental health professionals and evaluation and treatment facilities to assure that determinations to admit, detain, commit, treat, discharge, or release persons with mental disorders under this chapter are made only after appropriate information regarding such person's treatment history and current treatment plan has been sought from resource management services.
Sec. 3. RCW 71.05.050 and 1998 c 297 s 6 are each amended to read as follows:
Nothing in this chapter shall be construed to limit the right of any person to apply voluntarily to any public or private agency or practitioner for treatment of a mental disorder, either by direct application or by referral. Any person voluntarily admitted for inpatient treatment to any public or private agency shall be released immediately upon his or her request. Any person voluntarily admitted for inpatient treatment to any public or private agency shall orally be advised of the right to immediate ((release)) discharge, and further advised of such rights in writing as are secured to them pursuant to this chapter and their rights of access to attorneys, courts, and other legal redress. Their condition and status shall be reviewed at least once each one hundred eighty days for evaluation as to the need for further treatment ((and/or)) or possible ((release)) discharge, at which time they shall again be advised of their right to ((release)) discharge upon request: PROVIDED HOWEVER, That if the professional staff of any public or private agency or hospital regards a person voluntarily admitted who requests ((release)) discharge as presenting, as a result of a mental disorder, an imminent likelihood of serious harm, or is gravely disabled, they may detain such person for sufficient time to notify the county designated mental health professional of such person's condition to enable the county designated mental health professional to authorize such person being further held in custody or transported to an evaluation and treatment center pursuant to the provisions of this chapter, which shall in ordinary circumstances be no later than the next judicial day: PROVIDED FURTHER, That if a person is brought to the emergency room of a public or private agency or hospital for observation or treatment, the person refuses voluntary admission, and the professional staff of the public or private agency or hospital regard such person as presenting as a result of a mental disorder an imminent likelihood of serious harm, or as presenting an imminent danger because of grave disability, they may detain such person for sufficient time to notify the county designated mental health professional of such person's condition to enable the county designated mental health professional to authorize such person being further held in custody or transported to an evaluation treatment center pursuant to the conditions in this chapter, but which time shall be no more than six hours from the time the professional staff determine that an evaluation by the county designated mental health professional is necessary.
Sec. 4. RCW 71.05.120 and 1991 c 105 s 2 are each amended to read as follows:
(1) No officer of a public or private agency, nor the superintendent, professional person in charge, his or her professional designee, or attending staff of any such agency, nor any public official performing functions necessary to the administration of this chapter, nor peace officer responsible for detaining a person pursuant to this chapter, nor any county designated mental health professional, nor the state, a unit of local government, or an evaluation and treatment facility shall be civilly or criminally liable for performing duties pursuant to this chapter with regard to the decision of whether to admit, discharge, release, administer antipsychotic medications, or detain a person for evaluation and treatment: PROVIDED, That such duties were performed in good faith and without gross negligence.
(2) This section does not relieve a person from giving the required notices under RCW 71.05.330(2) or 71.05.340(1)(b), or the duty to warn or to take reasonable precautions to provide protection from violent behavior where the patient has communicated an actual threat of physical violence against a reasonably identifiable victim or victims. The duty to warn or to take reasonable precautions to provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel.
Sec. 5. RCW 71.05.170 and 1998 c 297 s 10 are each amended to read as follows:
Whenever the county designated mental health professional petitions for detention of a person whose actions constitute a likelihood of serious harm, or who is gravely disabled, the facility providing seventy-two hour evaluation and treatment must immediately accept on a provisional basis the petition and the person. The facility shall then evaluate the person's condition and admit, detain, transfer, or ((release)) discharge such person in accordance with RCW 71.05.210. The facility shall notify in writing the court and the county designated mental health professional of the date and time of the initial detention of each person involuntarily detained in order that a probable cause hearing shall be held no later than seventy-two hours after detention.
The duty of a state hospital to accept persons for evaluation and treatment under this section shall be limited by chapter 71.24 RCW.
Sec. 6. RCW 71.05.210 and 1998 c 297 s 12 are each amended to read as follows:
Each person involuntarily ((admitted to)) detained and accepted or admitted at an evaluation and treatment facility shall, within twenty-four hours of his or her admission or acceptance at the facility, be examined and evaluated by a licensed physician who may be assisted by a physician assistant according to chapter 18.71A RCW or an advanced registered nurse practitioner according to chapter 18.79 RCW and a mental health professional, and shall receive such treatment and care as his or her condition requires including treatment on an outpatient basis for the period that he or she is detained, except that, beginning twenty-four hours prior to a trial or hearing pursuant to RCW 71.05.215, 71.05.240, 71.05.310, 71.05.320, 71.05.340, or 71.05.370, the individual may refuse psychiatric medications, but may not refuse: (1) Any other medication previously prescribed by a person licensed under Title 18 RCW; or (2) emergency lifesaving treatment, and the individual shall be informed at an appropriate time of his or her right of such refusal. The person shall be detained up to seventy-two hours, if, in the opinion of the professional person in charge of the facility, or his or her professional designee, the person presents a likelihood of serious harm, or is gravely disabled. A person who has been detained for seventy-two hours shall no later than the end of such period be released, unless referred for further care on a voluntary basis, or detained pursuant to court order for further treatment as provided in this chapter.
If, after examination and evaluation, the licensed physician and mental health professional determine that the initial needs of the person would be better served by placement in a chemical dependency treatment facility, then the person shall be referred to an approved treatment program defined under RCW 70.96A.020.
An evaluation and treatment center admitting or accepting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such person is transferred to an appropriate hospital for evaluation or admission for treatment. Notice of such fact shall be given to the court, the designated attorney, and the county designated mental health professional and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days.
Sec. 7. RCW 71.05.325 and 1994 c 129 s 8 are each amended to read as follows:
(1) Before a person committed under grounds set forth in RCW 71.05.280(3) is released ((from involuntary treatment)) because a new petition for involuntary treatment has not been filed under RCW 71.05.320(2), the superintendent, professional person, or designated mental health professional responsible for the decision whether to file a new petition shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision not to file a new petition for involuntary treatment. Notice shall be provided at least forty-five days before the period of commitment expires.
(2)(a) Before a person committed under grounds set forth in RCW 71.05.280(3) is permitted temporarily to leave a treatment facility pursuant to RCW 71.05.270 for any period of time without constant accompaniment by facility staff, the superintendent, professional person in charge of a treatment facility, or his or her professional designee shall in writing notify the prosecuting attorney of any county ((to which the person is to be released)) of the person's destination and the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed((, of the decision conditionally to release the person)). The notice shall be provided at least forty-five days before the anticipated ((release)) leave and shall describe the conditions under which the ((release)) leave is to occur.
(b) The provisions of RCW 71.05.330(2) apply to proposed ((temporary releases)) leaves, and either or both prosecuting attorneys receiving notice under this subsection may petition the court under RCW 71.05.330(2).
(3) Nothing in this section shall be construed to authorize detention of a person unless a valid order of commitment is in effect.
(4) The existence of the notice requirements in this section will not require any extension of the ((release)) leave date in the event the ((release)) leave plan changes after notification.
(5) The notice requirements contained in this section shall not apply to emergency medical ((furloughs)) transfers.
(6) The notice provisions of this section are in addition to those provided in RCW 71.05.425.
Sec. 8. RCW 71.05.340 and 1998 c 297 s 21 are each amended to read as follows:
(1)(a) When, in the opinion of the superintendent or the professional person in charge of the hospital or facility providing involuntary treatment, the committed person can be appropriately served by outpatient treatment prior to or at the expiration of the period of commitment, then such outpatient care may be required as a ((condition for early)) term of conditional release for a period which, when added to the inpatient treatment period, shall not exceed the period of commitment. If the hospital or facility designated to provide outpatient treatment is other than the facility providing involuntary treatment, the outpatient facility so designated must agree in writing to assume such responsibility. A copy of the ((conditions for early)) terms of conditional release shall be given to the patient, the county designated mental health professional in the county in which the patient is to receive outpatient treatment, and to the court of original commitment.
(b) Before a person committed under grounds set forth in RCW 71.05.280(3) or 71.05.320(2)(c) is conditionally released under (a) of this subsection, the superintendent or professional person in charge of the hospital or facility providing involuntary treatment shall in writing notify the prosecuting attorney of the county in which the criminal charges against the committed person were dismissed, of the decision to conditionally release the person. Notice and a copy of the ((conditions for early)) terms of conditional release shall be provided at least thirty days before the person is released from inpatient care. Within twenty days after receiving notice, the prosecuting attorney may petition the court in the county that issued the commitment order to hold a hearing to determine whether the person may be conditionally released and the terms of the conditional release. The prosecuting attorney shall provide a copy of the petition to the superintendent or professional person in charge of the hospital or facility providing involuntary treatment, the attorney, if any, and guardian or conservator of the committed person, and the court of original commitment. If the county in which the committed person is to receive outpatient treatment is the same county in which the criminal charges against the committed person were dismissed, then the court shall, upon the motion of the prosecuting attorney, transfer the proceeding to the court in that county. The court shall conduct a hearing on the petition within ten days of the filing of the petition. The committed person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as set forth in this subsection and except that there shall be no right to jury trial. The issue to be determined at the hearing is whether or not the person may be conditionally released without substantial danger to other persons, or substantial likelihood of committing criminal acts jeopardizing public safety or security. If the court disapproves of the conditional release, it may do so only on the basis of substantial evidence. Pursuant to the determination of the court upon the hearing, the conditional release of the person shall be approved by the court on the same or modified conditions or the person shall be returned for involuntary treatment on an inpatient basis subject to release at the end of the period for which he or she was committed, or otherwise in accordance with the provisions of this chapter.
(2) The hospital or facility designated to provide outpatient care or the secretary may modify the conditions for continued release when such modification is in the best interest of the person. Notification of such changes shall be sent to all persons receiving a copy of the original conditions.
(3)(a) If the hospital or facility designated to provide outpatient care, the county designated mental health professional, or the secretary determines that:
(i) A conditionally released person is failing to adhere to the terms and conditions of his or her release;
(ii) Substantial deterioration in a conditionally released person's functioning has occurred;
(iii) There is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further inpatient treatment; or
(iv) The person poses a likelihood of serious harm.
Upon notification by the hospital or facility designated to provide outpatient care, or on his or her own motion, the county designated mental health professional or the secretary may order that the conditionally released person be apprehended and taken into custody and temporarily detained in an evaluation and treatment facility in or near the county in which he or she is receiving outpatient treatment.
(b) The hospital or facility designated to provide outpatient treatment shall notify the secretary or county designated mental health professional when a conditionally released person fails to adhere to terms and conditions of his or her conditional release or experiences substantial deterioration in his or her condition and, as a result, presents an increased likelihood of serious harm. The county designated mental health professional or secretary shall order the person apprehended and temporarily detained in an evaluation and treatment facility in or near the county in which he or she is receiving outpatient treatment.
(c) A person detained under this subsection (3) shall be held until such time, not exceeding five days, as a hearing can be scheduled to determine whether or not the person should be returned to the hospital or facility from which he or she had been conditionally released. The county designated mental health professional or the secretary may modify or rescind such order at any time prior to commencement of the court hearing.
(d) The court that originally ordered commitment shall be notified within two judicial days of a person's detention under the provisions of this section, and the county designated mental health professional or the secretary shall file his or her petition and order of apprehension and detention with the court and serve them upon the person detained. His or her attorney, if any, and his or her guardian or conservator, if any, shall receive a copy of such papers as soon as possible. Such person shall have the same rights with respect to notice, hearing, and counsel as for an involuntary treatment proceeding, except as specifically set forth in this section and except that there shall be no right to jury trial. The issues to be determined shall be: (i) Whether the conditionally released person did or did not adhere to the terms and conditions of his or her conditional release; (ii) that substantial deterioration in the person's functioning has occurred; (iii) there is evidence of substantial decompensation with a reasonable probability that the decompensation can be reversed by further inpatient treatment; or (iv) there is a likelihood of serious harm; and, if any of the conditions listed in this subsection (3)(d) have occurred, whether the ((conditions of)) terms of conditional release should be modified or the person should be returned to the facility.
(e) Pursuant to the determination of the court upon such hearing, the conditionally released person shall either continue to be conditionally released on the same or modified conditions or shall be returned for involuntary treatment on an inpatient basis subject to release at the end of the period for which he or she was committed for involuntary treatment, or otherwise in accordance with the provisions of this chapter. Such hearing may be waived by the person and his or her counsel and his or her guardian or conservator, if any, but shall not be waivable unless all such persons agree to waive, and upon such waiver the person may be returned for involuntary treatment or continued on conditional release on the same or modified conditions.
(4) The proceedings set forth in subsection (3) of this section may be initiated by the county designated mental health professional or the secretary on the same basis set forth therein without requiring or ordering the apprehension and detention of the conditionally released person, in which case the court hearing shall take place in not less than five days from the date of service of the petition upon the conditionally released person.
Upon expiration of the period of commitment, or when the person is released from outpatient care, notice in writing to the court which committed the person for treatment shall be provided.
(5) The grounds and procedures for revocation of less restrictive alternative treatment shall be the same as those set forth in this section for conditional releases.
(6) In the event of a revocation of a conditional release, the subsequent treatment period may be for no longer than the actual period authorized in the original court order.
Sec. 9. RCW 71.05.390 and 1999 c 12 s 1 are each amended to read as follows:
Except as provided in this section, the fact of admission and all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services at public or private agencies shall be confidential.
Information and records may be disclosed only:
(1) In communications between qualified professional persons to meet the requirements of this chapter, in the provision of services or appropriate referrals, or in the course of guardianship proceedings. The consent of the patient, or his or her guardian, shall be obtained before information or records may be disclosed by a professional person employed by a facility unless provided to a professional person: (a) Employed by the facility; (b) who has medical responsibility for the patient's care; (c) who is a county designated mental health professional; (d) who is providing services under chapter 71.24 RCW; (e) who is employed by a state or local correctional facility where the person is confined; or (f) who is providing evaluation, treatment, or follow-up services under chapter 10.77 RCW.
(2) When the communications regard the special needs of a patient and the necessary circumstances giving rise to such needs and the disclosure is made by a facility providing outpatient services to the operator of a care facility in which the patient resides.
(3) When the person receiving services, or his or her guardian, designates persons to whom information or records may be released, or if the person is a minor, when his or her parents make such designation.
(4) To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled.
(5) For either program evaluation or research, or both: PROVIDED, That the secretary adopts rules for the conduct of the evaluation or research, or both. Such rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality substantially as follows:
"As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding persons who have received services such that the person who received such services is identifiable.
I recognize that unauthorized release of confidential information may subject me to civil liability under the provisions of state law.
/s/. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ."
(6) To the courts as necessary to the administration of this chapter.
(7) To law enforcement officers, public health officers, or personnel of the department of corrections or the indeterminate sentence review board for persons who are the subject of the records and who are committed to the custody of the department of corrections or indeterminate sentence review board which information or records are necessary to carry out the responsibilities of their office. Except for dissemination of information released pursuant to RCW 71.05.425 and 4.24.550, regarding persons committed under this chapter under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, the extent of information that may be released is limited as follows:
(a) Only the fact, place, and date of involuntary ((admission)) commitment, the fact and date of discharge or release, and the last known address shall be disclosed upon request; and
(b) The law enforcement and public health officers or personnel of the department of corrections or indeterminate sentence review board shall be obligated to keep such information confidential in accordance with this chapter; and
(c) Additional information shall be disclosed only after giving notice to said person and his or her counsel and upon a showing of clear, cogent and convincing evidence that such information is necessary and that appropriate safeguards for strict confidentiality are and will be maintained. However, in the event the said person has escaped from custody, said notice prior to disclosure is not necessary and that the facility from which the person escaped shall include an evaluation as to whether the person is of danger to persons or property and has a propensity toward violence.
(8) To the attorney of the detained person.
(9) To the prosecuting attorney as necessary to carry out the responsibilities of the office under RCW 71.05.330(2) and 71.05.340(1)(b) and 71.05.335. The prosecutor shall be provided access to records regarding the committed person's treatment and prognosis, medication, behavior problems, and other records relevant to the issue of whether treatment less restrictive than inpatient treatment is in the best interest of the committed person or others. Information shall be disclosed only after giving notice to the committed person and the person's counsel.
(10) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient. The person may designate a representative to receive the disclosure. The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of commitment, admission, discharge, or release, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment. The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence.
(11) To the persons designated in RCW 71.05.425 for the purposes described in that section.
(12) Civil liability and immunity for the release of information about a particular person who is committed to the department under RCW 71.05.280(3) and 71.05.320(2)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, is governed by RCW 4.24.550.
(13) To a patient's next of kin, guardian, or conservator, if any, in the event of death, as provided in RCW 71.05.400.
(14) To the department of health of the purposes of determining compliance with state or federal licensure, certification, or registration rules or laws. However, the information and records obtained under this subsection are exempt from public inspection and copying pursuant to chapter 42.17 RCW.
The fact of admission, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to this chapter shall not be admissible as evidence in any legal proceeding outside this chapter without the written consent of the person who was the subject of the proceeding except in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(2)(c) on charges that were dismissed pursuant to chapter 10.77 RCW due to incompetency to stand trial or in a civil commitment proceeding pursuant to chapter 71.09 RCW. The records and files maintained in any court proceeding pursuant to this chapter shall be confidential and available subsequent to such proceedings only to the person who was the subject of the proceeding or his or her attorney. In addition, the court may order the subsequent release or use of such records or files only upon good cause shown if the court finds that appropriate safeguards for strict confidentiality are and will be maintained.
Sec. 10. RCW 71.05.425 and 1999 c 13 s 8 are each amended to read as follows:
(1)(a) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before conditional release, final ((discharge)) release, authorized leave under RCW 71.05.325(2), or transfer to a ((less-restrictive)) facility other than a state mental hospital, the superintendent shall send written notice of conditional release, ((final discharge)) release, authorized leave, or transfer of a person committed under RCW 71.05.280(3) or 71.05.320(2)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to RCW 10.77.090(4) to the following:
(i) The chief of police of the city, if any, in which the person will reside; and
(ii) The sheriff of the county in which the person will reside.
(b) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific person committed under RCW 71.05.280(3) or 71.05.320(2)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to RCW 10.77.090(4):
(i) The victim of the sex, violent, or felony harassment offense that was dismissed pursuant to RCW 10.77.090(4) preceding commitment under RCW 71.05.280(3) or 71.05.320(2)(c) or the victim's next of kin if the crime was a homicide;
(ii) Any witnesses who testified against the person in any court proceedings; and
(iii) Any person specified in writing by the prosecuting attorney.
Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the person committed under this chapter.
(c) The thirty-day notice requirements contained in this subsection shall not apply to emergency medical ((furloughs)) transfers.
(d) The existence of the notice requirements in this subsection will not require any extension of the release date in the event the release plan changes after notification.
(2) If a person committed under RCW 71.05.280(3) or 71.05.320(2)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to RCW 10.77.090(4) escapes, the superintendent shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the person resided immediately before the person's arrest. If previously requested, the superintendent shall also notify the witnesses and the victim of the sex, violent, or felony harassment offense that was dismissed pursuant to RCW 10.77.090(4) preceding commitment under RCW 71.05.280(3) or 71.05.320(2) or the victim's next of kin if the crime was a homicide. In addition, the secretary shall also notify appropriate parties pursuant to RCW 71.05.410. If the person is recaptured, the superintendent shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.
(3) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parent or legal guardian of the child.
(4) The superintendent shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.
(5) For purposes of this section the following terms have the following meanings:
(a) "Violent offense" means a violent offense under RCW 9.94A.030;
(b) "Sex offense" means a sex offense under RCW 9.94A.030;
(c) "Next of kin" means a person's spouse, parents, siblings, and children;
(d) "Felony harassment offense" means a crime of harassment as defined in RCW 9A.46.060 that is a felony.
Sec. 11. RCW 71.05.640 and 1999 c 13 s 9 are each amended to read as follows:
(1) Procedures shall be established by resource management services to provide reasonable and timely access to individual treatment records. However, access may not be denied at any time to records of all medications and somatic treatments received by the individual.
(2) Following discharge, the individual shall have a right to a complete record of all medications and somatic treatments prescribed during evaluation, admission, or commitment and to a copy of the discharge summary prepared at the time of his or her discharge. A reasonable and uniform charge for reproduction may be assessed.
(3) Treatment records may be modified prior to inspection to protect the confidentiality of other patients or the names of any other persons referred to in the record who gave information on the condition that his or her identity remain confidential. Entire documents may not be withheld to protect such confidentiality.
(4) At the time of discharge all individuals shall be informed by resource management services of their rights as provided in RCW 71.05.610 through 71.05.690.
Sec. 12. RCW 10.77.010 and 1999 c 143 s 49 and 1999 c 13 s 2 are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Admission" means acceptance based on medical necessity, of a person as a patient.
(2) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less-restrictive setting.
(3) "Conditional release" means modification of a court-ordered commitment, which may be revoked upon violation of any of its terms.
(4) "County designated mental health professional" has the same meaning as provided in RCW 71.05.020.
(((2))) (5) A "criminally insane" person means any person who has been acquitted of a crime charged by reason of insanity, and thereupon found to be a substantial danger to other persons or to present a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court or other persons or institutions.
(((3))) (6) "Department" means the state department of social and health services.
(((4))) (7) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter, pending evaluation.
(8) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist or psychologist, or a social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary.
(((5))) (9) "Developmental disability" means the condition as defined in RCW 71A.10.020(3).
(((6))) (10) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order.
(11) "Furlough" means an authorized leave of absence for a resident of a state institution operated by the department designated for the custody, care, and treatment of the criminally insane, consistent with an order of conditional release from the court under this chapter, without any requirement that the resident be accompanied by, or be in the custody of, any law enforcement or institutional staff, while on such unescorted leave.
(((7))) (12) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the individual being assisted as manifested by prior charged criminal conduct.
(((8))) (13) "History of one or more violent acts" means violent acts committed during: (a) The ten-year period of time prior to the filing of criminal charges; plus (b) the amount of time equal to time spent during the ten-year period in a mental health facility or in confinement as a result of a criminal conviction.
(((9))) (14) "Incompetency" means a person lacks the capacity to understand the nature of the proceedings against him or her or to assist in his or her own defense as a result of mental disease or defect.
(((10))) (15) "Indigent" means any person who is financially unable to obtain counsel or other necessary expert or professional services without causing substantial hardship to the person or his or her family.
(((11))) (16) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for an individual with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual ((discharge from involuntary confinement)) release, and a projected possible date for ((discharge from involuntary confinement)) release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences.
(((12))) (17) "Professional person" means:
(a) A psychiatrist licensed as a physician and surgeon in this state who has, in addition, completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry;
(b) A psychologist licensed as a psychologist pursuant to chapter 18.83 RCW; or
(c) A social worker with a master's or further advanced degree from an accredited school of social work or a degree deemed equivalent under rules adopted by the secretary.
(((13))) (18) "Release" means legal termination of the court ordered commitment under the provisions of this chapter.
(19) "Secretary" means the secretary of the department of social and health services or his or her designee.
(((14))) (20) "Treatment" means any currently standardized medical or mental health procedure including medication.
(((15))) (21) "Violent act" means behavior that: (a)(i) Resulted in; (ii) if completed as intended would have resulted in; or (iii) was threatened to be carried out by a person who had the intent and opportunity to carry out the threat and would have resulted in, homicide, nonfatal injuries, or substantial damage to property; or (b) recklessly creates an immediate risk of serious physical injury to another person.
Sec. 13. RCW 10.77.025 and 1998 c 297 s 31 are each amended to read as follows:
(1) Whenever any person has been: (a) Committed to a correctional facility or inpatient treatment under any provision of this chapter; or (b) ordered to undergo alternative treatment following his or her acquittal by reason of insanity of a crime charged, such commitment or treatment cannot exceed the maximum possible penal sentence for any offense charged for which the person was committed, or was acquitted by reason of insanity.
(2) Whenever any person committed under any provision of this chapter has not been ((finally discharged)) released within seven days of the maximum possible penal sentence under subsection (1) of this section, and the professional person in charge of the facility believes ((it more likely than not that the person will not be finally discharged)) that the person presents a likelihood of serious harm or is gravely disabled due to a mental disorder, the professional person shall, prior to the ((person's release from the facility)) expiration of the maximum penal sentence, notify the appropriate county designated mental health professional of the impending ((release)) expiration and provide a copy of all relevant information regarding the person, including the likely release date and shall indicate why ((final discharge was not made)) the person should not be released.
(3) A county designated mental health professional who receives notice and records under subsection (2) of this section shall, prior to the date of ((probable release)) the expiration of the maximum sentence, determine whether to initiate proceedings under chapter 71.05 RCW.
Sec. 14. RCW 10.77.110 and 1998 c 297 s 39 are each amended to read as follows:
(1) If a defendant is acquitted of a crime by reason of insanity, and it is found that he or she is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, the court shall direct the defendant's ((final discharge)) release. If it is found that such defendant is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions, the court shall order his or her hospitalization, or any appropriate alternative treatment less restrictive than detention in a state mental hospital, pursuant to the terms of this chapter.
(2) If the defendant has been found not guilty by reason of insanity and a substantial danger, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, so as to require treatment then the secretary shall immediately cause the defendant to be evaluated to ascertain if the defendant is developmentally disabled. When appropriate, and subject to available funds, the defendant may be committed to a program specifically reserved for the treatment and training of developmentally disabled persons. A person so committed shall receive habilitation services according to an individualized service plan specifically developed to treat the behavior which was the subject of the criminal proceedings. The treatment program shall be administered by developmental disabilities professionals and others trained specifically in the needs of developmentally disabled persons. The treatment program shall provide physical security to a degree consistent with the finding that the defendant is dangerous and may incorporate varying conditions of security and alternative sites when the dangerousness of any particular defendant makes this necessary. The department may limit admissions to this specialized program in order to ensure that expenditures for services do not exceed amounts appropriated by the legislature and allocated by the department for such services. The department may establish admission priorities in the event that the number of eligible persons exceeds the limits set by the department.
(3) If it is found that such defendant is not a substantial danger to other persons, and does not present a substantial likelihood of committing criminal acts jeopardizing public safety or security, but that he or she is in need of control by the court or other persons or institutions, the court shall direct the defendant's conditional release.
Sec. 15. RCW 10.77.120 and 1989 c 420 s 7 are each amended to read as follows:
The secretary shall forthwith provide adequate care and individualized treatment at one or several of the state institutions or facilities under his or her direction and control wherein persons committed as criminally insane may be confined. Such persons shall be under the custody and control of the secretary to the same extent as are other persons who are committed to the secretary's custody, but such provision shall be made for their control, care, and treatment as is proper in view of their condition. In order that the secretary may adequately determine the nature of the mental illness or developmental disability of the person committed to him or her as criminally insane, and in order for the secretary to place such individuals in a proper facility, all persons who are committed to the secretary as criminally insane shall be promptly examined by qualified personnel in such a manner as to provide a proper evaluation and diagnosis of such individual. The examinations of all developmentally disabled persons committed under this chapter shall be performed by developmental disabilities professionals. Any person so committed shall not be ((discharged)) released from the control of the secretary save upon the order of a court of competent jurisdiction made after a hearing and judgment of ((discharge)) release.
Whenever there is a hearing which the committed person is entitled to attend, the secretary shall send him or her in the custody of one or more department employees to the county where the hearing is to be held at the time the case is called for trial. During the time the person is absent from the facility, he or she shall be confined in a facility designated by and arranged for by the department, and shall at all times be deemed to be in the custody of the department employee and provided necessary treatment. If the decision of the hearing remits the person to custody, the department employee shall forthwith return the person to such institution or facility designated by the secretary. If the state appeals an order of ((discharge)) release, such appeal shall operate as a stay, and the person in custody shall so remain and be forthwith returned to the institution or facility designated by the secretary until a final decision has been rendered in the cause.
Sec. 16. RCW 10.77.200 and 1998 c 297 s 44 are each amended to read as follows:
(1) Upon application by the committed or conditionally released person, the secretary shall determine whether or not reasonable grounds exist for ((final discharge)) release. In making this determination, the secretary may consider the reports filed under RCW 10.77.060, 10.77.110, 10.77.140, and 10.77.160, and other reports and evaluations provided by professionals familiar with the case. If the secretary approves the ((final discharge)) release he or she then shall authorize the person to petition the court.
(2) The petition shall be served upon the court and the prosecuting attorney. The court, upon receipt of the petition for ((final discharge)) release, shall within forty-five days order a hearing. Continuance of the hearing date shall only be allowed for good cause shown. The prosecuting attorney shall represent the state, and shall have the right to have the petitioner examined by an expert or professional person of the prosecuting attorney's choice. If the petitioner is indigent, and the person so requests, the court shall appoint a qualified expert or professional person to examine him or her. If the petitioner is developmentally disabled, the examination shall be performed by a developmental disabilities professional. The hearing shall be before a jury if demanded by either the petitioner or the prosecuting attorney. The burden of proof shall be upon the petitioner to show by a preponderance of the evidence that the petitioner no longer presents, as a result of a mental disease or defect, a substantial danger to other persons, or a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.
(3) Nothing contained in this chapter shall prohibit the patient from petitioning the court for ((final discharge)) release or conditional release from the institution in which he or she is committed. The issue to be determined on such proceeding is whether the petitioner, as a result of a mental disease or defect, is a substantial danger to other persons, or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.
Nothing contained in this chapter shall prohibit the committed person from petitioning for release by writ of habeas corpus.
Sec. 17. RCW 10.77.205 and 1994 c 129 s 5 are each amended to read as follows:
(1)(a) At the earliest possible date, and in no event later than thirty days before conditional release, ((final discharge)) release, authorized furlough pursuant to RCW 10.77.163, or transfer to a less-restrictive facility than a state mental hospital, the superintendent shall send written notice of the conditional release, ((final discharge)) release, authorized furlough, or transfer of a person who has been found not guilty of a sex, violent, or felony harassment offense by reason of insanity and who is now in the custody of the department pursuant to this chapter, to the following:
(i) The chief of police of the city, if any, in which the person will reside; and
(ii) The sheriff of the county in which the person will reside.
(b) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific person committed under this chapter:
(i) The victim of the crime for which the person was committed or the victim's next of kin if the crime was a homicide;
(ii) Any witnesses who testified against the person in any court proceedings; and
(iii) Any person specified in writing by the prosecuting attorney.
Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the person committed under this chapter.
(c) In addition to the notice requirements of (a) and (b) of this subsection, the superintendent shall comply with RCW 10.77.163.
(d) The thirty-day notice requirement contained in (a) and (b) of this subsection shall not apply to emergency medical furloughs.
(e) The existence of the notice requirements in (a) and (b) of this subsection shall not require any extension of the release date in the event the release plan changes after notification.
(2) If a person who has been found not guilty of a sex, violent, or felony harassment offense by reason of insanity and who is committed under this chapter escapes, the superintendent shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the person resided immediately before the person's arrest. If previously requested, the superintendent shall also notify the witnesses and the victim, if any, of the crime for which the person was committed or the victim's next of kin if the crime was a homicide. The superintendent shall also notify appropriate persons pursuant to RCW 10.77.165. If the person is recaptured, the secretary shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.
(3) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.
(4) The department shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.
(5) For purposes of this section the following terms have the following meanings:
(a) "Violent offense" means a violent offense under RCW 9.94A.030;
(b) "Sex offense" means a sex offense under RCW 9.94A.030;
(c) "Next of kin" means a person's spouse, parents, siblings, and children;
(d) "Authorized furlough" means a furlough granted after compliance with RCW 10.77.163;
(e) "Felony harassment offense" means a crime of harassment as defined in RCW 9A.46.060 that is a felony.
Sec. 18. RCW 49.19.010 and 1999 c 377 s 2 are each amended to read as follows:
For purposes of this chapter:
(1) "Health care setting" means:
(a) Hospitals as defined in RCW 70.41.020;
(b) Home health, hospice, and home care agencies under chapter 70.127 RCW, subject to RCW 49.19.070;
(c) Evaluation and treatment facilities as defined in RCW 71.05.020(((8))) (12); and
(d) Community mental health programs as defined in RCW 71.24.025(((8))) (5).
(2) "Department" means the department of labor and industries.
(3) "Employee" means an employee as defined in RCW 49.17.020.
(4) "Violence" or "violent act" means any physical assault or verbal threat of physical assault against an employee of a health care setting."
On page 1, line 2 of the title, after "status;" strike the remainder of the title and insert "amending RCW 71.05.020, 71.05.025, 71.05.050, 71.05.120, 71.05.170, 71.05.210, 71.05.325, 71.05.340, 71.05.390, 71.05.425, 71.05.640, 10.77.025, 10.77.110, 10.77.120, 10.77.200, 10.77.205, and 49.19.010; and reenacting and amending RCW 10.77.010."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 2520 and advanced the bill as amended by the Senate to final passage.
Representatives Schual-Berke and Pflug spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Ballard stated the question before the House to be final passage of House Bill No. 2520 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2520 as amended by the Senate and the bill passed the House by the following vote: Yeas - 81, Nays - 0, Absent - 0, Excused - 17.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Buck, Bush, Cairnes, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Delvin, Doumit, Dunn, Dunshee, Edmonds, Edwards, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Radcliff, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 81.
Excused: Representatives Anderson, Boldt, Campbell, Crouse, DeBolt, Dickerson, Eickmeyer, Haigh, Keiser, Morris, Mulliken, Poulsen, Quall, Reardon, Scott, Thomas and Van Luven - 17.
House Bill No. 2520, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
February 29, 2000
Mr. Speaker:
The Senate has passed Substitute House Bill No. 2599 with the following amendment(s)
On page 3, beginning on line 1, after "association" strike all material through "chapter," on line 3
On page 3, beginning on line 3, after "auditor" strike all material through "chapter" on line 6
On page 3, line 6 after "chapter." insert "The financial records of any nonprofit corporation utilized by port districts shall be subject to audit by the state auditor to determine compliance with the contractual terms and conditions under which payments or reimbursements are received under chapter 53.06 RCW."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to Substitute House Bill No. 2599 and advanced the bill as amended by the Senate to final passage.
Representatives Edwards and Alexander spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Ballard stated the question before the House to be final passage of Substitute House Bill No. 2599 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2599 as amended by the Senate and the bill passed the House by the following vote: Yeas - 81, Nays - 0, Absent - 0, Excused - 17.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Buck, Bush, Cairnes, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Delvin, Doumit, Dunn, Dunshee, Edmonds, Edwards, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Radcliff, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 81.
Excused: Representatives Anderson, Boldt, Campbell, Crouse, DeBolt, Dickerson, Eickmeyer, Haigh, Keiser, Morris, Mulliken, Poulsen, Quall, Reardon, Scott, Thomas and Van Luven - 17.
Substitute House Bill No. 2599, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 3, 2000
Mr. Speaker:
The Senate has passed House Bill No. 2449 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 42.52.420 and 1994 c 154 s 212 are each amended to read as follows:
(1) After the filing of any complaint, except as provided in RCW 42.52.450, the staff of the appropriate ethics board shall investigate the complaint. The investigation shall be limited to the ((alleged facts)) allegations contained in the complaint.
(2) The results of the investigation shall be reduced to writing and the staff shall either make a determination ((shall be made)) that the complaint should be dismissed pursuant to section 2 of this act, or recommend to the board that there is or that there is not reasonable cause to believe that a violation of this chapter or rules adopted under it has been or is being committed.
((A copy of the written)) (3) The board's determination on reasonable cause shall be provided to the complainant and to the person named in such complaint.
NEW SECTION. Sec. 2. A new section is added to chapter 42.52 RCW to read as follows:
(1) Based on the investigation conducted under RCW 42.52.420, and subject to rules issued by each board, the staff of the appropriate ethics board may issue an order of dismissal based on any of the following findings:
(a) Any violation that may have occurred is not within the jurisdiction of the board;
(b) The complaint is obviously unfounded or frivolous; or
(c) Any violation that may have occurred does not constitute a material violation because it was inadvertent and minor, or has been cured, and, after consideration of all of the circumstances, further proceedings would not serve the purposes of this chapter.
(2) Written notice of the determination under subsection (1) of this section shall be provided to the complainant, respondent, and the board. The written notice to the complainant shall include a statement of the complainant's right to appeal to the board under subsection (3) of this section.
(3) In the event that a complaint is dismissed under this section, the complainant may request that the board review the action. Following review, the board shall:
(a) Affirm the staff dismissal;
(b) Direct the staff to conduct further investigation; or
(c) Issue a determination that there is reasonable cause to believe that a violation has been or is being committed.
(4) The board's decision under subsection (3) of this section shall be reduced to writing and provided to the complainant and the respondent."
On page 1, line 1 of the title, after "complaints;" strike the remainder of the title and insert "amending RCW 42.52.420; and adding a new section to chapter 42.52 RCW."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House concurred in the Senate amendment(s) to House Bill No. 2449 and advanced the bill as amended by the Senate to final passage.
Representatives Pennington and Romero spoke in favor of final passage of the bill.
FINAL PASSAGE OF HOUSE BILL AS AMENDED BY SENATE
Speaker Ballard stated the question before the House to be final passage of House Bill No. 2449 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2449 as amended by the Senate and the bill passed the House by the following vote: Yeas - 80, Nays - 1, Absent - 0, Excused - 17.
Voting yea: Representatives Alexander, Ballasiotes, Barlean, Benson, Buck, Bush, Cairnes, Carlson, Carrell, B. Chandler, G. Chandler, Clements, Cody, Constantine, Conway, Cooper, Cox, Delvin, Doumit, Dunn, Dunshee, Edmonds, Edwards, Ericksen, Esser, Fisher, Fortunato, Gombosky, Grant, Hankins, Hatfield, Huff, Hurst, Kagi, Kastama, Kenney, Kessler, Koster, Lambert, Linville, Lisk, Lovick, Mastin, McDonald, McIntire, McMorris, Mielke, Miloscia, Mitchell, Murray, O'Brien, Ogden, Parlette, Pennington, Pflug, Radcliff, Regala, Rockefeller, Romero, Ruderman, Santos, Schindler, Schmidt, Schoesler, Schual-Berke, Skinner, D. Sommers, H. Sommers, Stensen, Sullivan, Sump, Talcott, Tokuda, Veloria, Wensman, Wolfe, Wood, Woods, Mr. Speaker Ballard and Mr. Speaker Chopp - 80.
Voting nay: Representative Lantz - 1.
Excused: Representatives Anderson, Boldt, Campbell, Crouse, DeBolt, Dickerson, Eickmeyer, Haigh, Keiser, Morris, Mulliken, Poulsen, Quall, Reardon, Scott, Thomas and Van Luven - 17.
House Bill No. 2449, as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 1, 2000
Mr. Speaker:
The Senate has passed House Bill No. 2861 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.02.010 and 1993 c 448 s 1 are each amended to read as follows:
((As used in this chapter, unless the context otherwise requires:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Audit" means an assessment, evaluation, determination, or investigation of a health care provider by a person not employed by or affiliated with the provider to determine compliance with:
(a) Statutory, regulatory, fiscal, medical, or scientific standards;
(b) A private or public program of payments to a health care provider; or
(c) Requirements for licensing, accreditation, or certification.
(2) "Directory information" means information disclosing the presence, and for the purpose of identification, the name, residence, sex, and the general health condition of a particular patient who is a patient in a health care facility or who is currently receiving emergency health care in a health care facility.
(3) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent," or terms denoting similar conditions.
(4) "Health care" means any care, service, or procedure provided by a health care provider:
(a) To diagnose, treat, or maintain a patient's physical or mental condition; or
(b) That affects the structure or any function of the human body.
(5) "Health care facility" means a hospital, clinic, nursing home, laboratory, office, or similar place where a health care provider provides health care to patients.
(6) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and directly relates to the patient's health care. The term includes any record of disclosures of health care information. The term includes genetic test information in a person's DNA and a person's DNA.
(7) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession.
(8) "Institutional review board" means any board, committee, or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects.
(9) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store, or control that information.
(10) "Patient" means an individual who receives or has received health care. The term includes a deceased individual who has received health care.
(11) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(12) "Reasonable fee" means the charges for duplicating or searching the record, but shall not exceed sixty-five cents per page for the first thirty pages and fifty cents per page for all other pages. In addition, a clerical fee for searching and handling may be charged not to exceed fifteen dollars. These amounts shall be adjusted biennially in accordance with changes in the consumer price index, all consumers, for Seattle-Tacoma metropolitan statistical area as determined by the secretary of health. However, where editing of records by a health care provider is required by statute and is done by the provider personally, the fee may be the usual and customary charge for a basic office visit.
(13) "Third-party payor" means an insurer regulated under Title 48 RCW authorized to transact business in this state or other jurisdiction, including a health care service contractor, and health maintenance organization; or an employee welfare benefit plan; or a state or federal health benefit program.
NEW SECTION. Sec. 2. A new section is added to chapter 70.02 RCW to read as follows:
Genetic information in the form of deoxyribonucleic acid is health care information subject to the following provisions:
(1) Any entity, including any person, isolating a person's deoxyribonucleic acid in a form that identifies an individual person for purposes of genetic testing must have the person's informed consent.
(2) Informed consent requires:
(a) An explanation of the purpose for which the deoxyribonucleic acid is being obtained, and whether it will be converted into a computerized individual sequence of chemical base pairs or other form for interpretation;
(b) Identification of the entity obtaining the deoxyribonucleic acid and individual sequence;
(c) Disclosure of any entity with whom the deoxyribonucleic acid and individual sequence may be shared, including disclosure that the deoxyribonucleic acid or individual sequence may be shared in the future with an unknown entity;
(d) A statement of the expected duration that the deoxyribonucleic acid and individual sequence may be kept;
(e) A description of reasonably foreseeable risks or harm associated with providing the deoxyribonucleic acid and individual sequence;
(f) An explanation of how the deoxyribonucleic acid will be maintained, whether the physical sample will be destroyed or stored, including how and where it will be stored, and how the individual sequence information will be destroyed or stored, including how and where it will be stored;
(g) A statement describing any reasonably expected benefits or advantages associated with providing the deoxyribonucleic acid and individual sequence;
(h) A statement describing any confidentiality or privacy protections for the deoxyribonucleic acid and individual sequence;
(i) Identification of an individual contact and contact information from whom further information may be obtained or reported relative to the deoxyribonucleic acid and individual sequence;
(j) Provisions explaining whether the deoxyribonucleic acid and the individual sequence can be expunged or removed from the entity that obtained it and the method to do it;
(k) The exclusion of any exculpatory provisions from liability against the entity obtaining the deoxyribonucleic acid and individual sequence;
(l) A disclosure that providing deoxyribonucleic acid and an individual sequence is voluntary; and
(m) Compliance with the federal informed consent requirements, when applicable, which are more protective of individual privacy.
(3) A person's informed consent is not required:
(a) In criminal matters if the deoxyribonucleic acid is obtained or used during a criminal investigation, trial, appeal, or pursuant to specific common law or statutory authority, or a lawfully issued court order. Once a criminal conviction is final, a report that was not admitted into evidence, identifying a specific person by analysis of DNA obtained in the course of an investigation, shall be destroyed if the person is found to be uninvolved in the commission of the criminal act or acts;
(b) In situations where the person requires emergency medical care as long as the person, or his or her representative in death cases, is informed in a timely manner after the emergency that the deoxyribonucleic acid was obtained;
(c) In situations where a person's bodily fluids are obtained without consent pursuant to specific statutory requirement mandating testing;
(d) In situations where the individual is deceased and the entity requesting the deoxyribonucleic acid establishes in a court of law that obtaining individually identifiable deoxyribonucleic acid for genetic testing purposes benefits public health, safety, and welfare, and outweighs the harm to individual privacy interests, or the person requesting the deoxyribonucleic acid is a next of kin requesting the deoxyribonucleic acid for purposes of health care or other purpose that outweighs the harm to the individual's privacy interests, or the entity requesting the deoxyribonucleic acid has been authorized by an institutional review board to use the deoxyribonucleic acid pursuant to an approved protocol;
(e) Pursuant to the provisions of this section, if the entity or person is a health care provider or facility under chapter 70.02 RCW who is acting according to the provisions of that chapter, and who is subject to the provisions of chapter 7.70 RCW;
(f) Pursuant to provisions of this section, if the entity or person obtains an individual's deoxyribonucleic acid, or computerized information that provides the sequence of that individual's deoxyribonucleic acid, in a form that does not identify that individual;
(g) Pursuant to provisions of this section, if the entity or person who obtains deoxyribonucleic acid, or computerized information that provides the sequence of that deoxyribonucleic acid, is acting according to the provisions of an institutional review board established under federal law; and
(h) In death investigations for purposes of identifying the decedent.
NEW SECTION. Sec. 3. A new section is added to chapter 48.01 RCW to read as follows:
A person's individual health care information in the form of deoxyribonucleic acid shall not be screened in any insurance transaction. For purposes of this section, "screened" means obtaining a person's deoxyribonucleic acid and identifying the sequence of chemical base pairs. This section must not be interpreted to deny payment of claims.
Sec. 4. RCW 49.60.030 and 1997 c 271 s 2 are each amended to read as follows:
(1) The right to be free from discrimination because of race, creed, color, national origin, sex, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a disabled person is recognized as and declared to be a civil right. This right shall include, but not be limited to:
(a) The right to obtain and hold employment without discrimination, including the right to prohibit an employer from screening a person's individual health care information in the form of deoxyribonucleic acid. For purposes of this subsection, "screening" means obtaining a person's deoxyribonucleic acid and identifying a sequence of chemical base pairs;
(b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;
(c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;
(d) The right to engage in credit transactions without discrimination;
(e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination: PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph; and
(f) The right to engage in commerce free from any discriminatory boycotts or blacklists. Discriminatory boycotts or blacklists for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a disabled person, or national origin or lawful business relationship: PROVIDED HOWEVER, That nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices.
(2) Any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys' fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).
(3) Except for any unfair practice committed by an employer against an employee or a prospective employee, or any unfair practice in a real estate transaction which is the basis for relief specified in the amendments to RCW 49.60.225 contained in chapter 69, Laws of 1993, any unfair practice prohibited by this chapter which is committed in the course of trade or commerce as defined in the Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce.
Sec. 5. RCW 70.83.050 and 1967 c 82 s 5 are each amended to read as follows:
The state board of health shall adopt rules and regulations necessary to carry out the intent of this chapter. Rules adopted by the state board of health must protect an individual's confidentiality of his or her genetic health care information obtained under this chapter.
NEW SECTION. Sec. 6. The legislature finds that:
(1) Deoxyribonucleic acid (DNA) is a unique form of health care information;
(2) The technology of DNA identification is of great potential benefit to the citizens of this state in many fields, including human services and health care, scientific research, criminal justice, and corrections;
(3) Technology is changing and improving at an ever-increasing rate;
(4) DNA technology is particularly important in assisting law enforcement in identifying and apprehending repeat criminal offenders as well as exonerating those people convicted and incarcerated for a crime they did not commit;
(5) There are legitimate concerns for privacy rights in the creation, collection, maintenance, disclosure, identification, and use of DNA;
(6) Protections of citizens' civil rights and individual privileges necessitate policy development of protections preventing the unauthorized use of DNA and the use of DNA for discriminatory purposes; and
(7) There is a need to address the potential future uses of DNA that may benefit citizens of this state, for purposes of the health, safety, and welfare of its citizens.
NEW SECTION. Sec. 7. A DNA commission is established to consist of twenty-four members selected as follows:
(1)(a) Two members of the senate, appointed by the president of the senate, one from each of the two largest caucuses; and
(b) Two members of the house of representatives, appointed by the co-speakers of the house of representatives, one from each of the two largest caucuses;
(2) The following members shall be appointed by the governor:
(a) Two members representing local public health;
(b) One member representing genetic counselors;
(c) One member representing clinical research;
(d) One member representing epidemiological research;
(e) One member representing the Human Genome project;
(f) One member representing genetic ethics;
(g) One member representing institutional review boards;
(h) Two members representing geneticists, one clinical and one research;
(i) One member representing research institutions;
(j) One member representing civil rights advocates;
(k) Two members representing criminal justice and corrections;
(l) Two members representing privacy advocates;
(m) One member representing citizens who have undergone genetic testing;
(n) One member representing hospitals;
(o) One member representing pathologists or laboratory medicine; and
(p) One member representing biotechnologists.
The commission shall be appointed within forty-five days from the effective date of this act. Staffing shall be provided by the legislature. Members shall serve without remuneration, except costs may be provided according to the provisions of RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 8. The DNA commission shall:
(1) Develop a state-wide strategy for evaluating and recommending public policies relating to the use of DNA;
(2) Conduct a survey and produce a resource guide for citizens relating to the use of DNA;
(3) Evaluate methods for protecting an individual's privacy interests in his or her DNA;
(4) Analyze the incidence of discriminatory actions state-wide based upon genetic information;
(5) Develop recommendations relative to civil rights' protections as they relate to genetic information;
(6) Analyze available remedies to compensate individuals for the inappropriate use of their genetic information;
(7) Identify appropriate disincentives to improper use of DNA;
(8) Identify incentives for further research and development in the area of DNA that promotes public health, safety, and welfare; and
(9) An initial report of its findings and recommendations shall be provided to the appropriate committees of the legislature by July 1, 2001.
NEW SECTION. Sec. 9. A new section is added to chapter 43.131 RCW to read as follows:
The DNA commission and its powers and duties shall be terminated on June 30, 2005, as provided in section 10 of this act.
NEW SECTION. Sec. 10. A new section is added to chapter 43.131 RCW to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2006.
(1) Section 6 of this act;
(2) Section 7 of this act; and
(3) Section 8 of this act.
Sec. 11. RCW 70.24.084 and 1999 c 391 s 4 are each amended to read as follows:
(1) Any person aggrieved by a violation of this chapter shall have a right of action in superior court and may recover for each violation:
(a) Against any person who negligently violates a provision of this chapter, one thousand dollars, or actual damages, whichever is greater, for each violation.
(b) Against any person who intentionally or recklessly violates a provision of this chapter, ten thousand dollars, or actual damages, whichever is greater, for each violation.
(c) Reasonable attorneys' fees and costs.
(d) Such other relief, including an injunction, as the court may deem appropriate.
(2) Any action under this chapter is barred unless the action is commenced within three years after the cause of action accrues.
(3) Nothing in this chapter limits the rights of the subject of a test for a sexually transmitted disease to recover damages or other relief under any other applicable law.
(4) Nothing in this chapter may be construed to impose civil liability or criminal sanction for disclosure of a test result for a sexually transmitted disease in accordance with any reporting requirement for a diagnosed case of sexually transmitted disease by the department or the centers for disease control of the United States public health service.
(5) It is a negligent violation of this chapter to cause an unauthorized communication of confidential sexually transmitted disease information by facsimile transmission or otherwise communicating the information to an unauthorized recipient when the sender knew or had reason to know the facsimile transmission telephone number or other transmittal information was incorrect or outdated.
Sec. 12. RCW 70.02.150 and 1991 c 335 s 701 are each amended to read as follows:
A health care provider shall effect reasonable safeguards for the security of all health care information it maintains.
Reasonable safeguards shall include affirmative action to delete outdated and incorrect facsimile transmission or other telephone transmittal numbers from computer, facsimile, or other data bases."
On page 1, line 1 of the title, after "information;" strike the remainder of the title and insert "amending RCW 70.02.010, 49.60.030, 70.83.050, 70.24.084, and 70.02.150; adding a new section to chapter 70.02 RCW; adding a new section to chapter 48.01 RCW; adding new sections to chapter 43.131 RCW; and creating new sections."
and the same are herewith transmitted.
Tony M. Cook, Secretary
Representative Parlette requested a Scope & Object ruling on the Senate amendments.
There being no objection, the House deferred action on House Bill No. 2861.
There being no objection, the House did not concur in the Senate Amendment(s) to House Bill No. 2595 and asked the Senate to recede therefrom. (For amendments, see Journal, 55th Day, March 4, 2000).
SIGNED BY THE SPEAKERS
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1572,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2109,
SUBSTITUTE HOUSE BILL NO. 2320,
SUBSTITUTE HOUSE BILL NO. 2321,
ENGROSSED HOUSE BILL NO. 2340,
SUBSTITUTE HOUSE BILL NO. 2398,
SUBSTITUTE HOUSE BILL NO. 2399,
ENGROSSED HOUSE BILL NO. 2565,
SUBSTITUTE HOUSE BILL NO. 2587,
SUBSTITUTE HOUSE BILL NO. 2633,
ENGROSSED HOUSE BILL NO. 2713,
SUBSTITUTE HOUSE BILL NO. 2721,
SUBSTITUTE HOUSE BILL NO. 2792,
ENGROSSED HOUSE BILL NO. 2881,
SUBSTITUTE HOUSE BILL NO. 2886,
ENGROSSED HOUSE BILL NO. 2952,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 3045,
SUBSTITUTE SENATE BILL NO. 5330,
SUBSTITUTE SENATE BILL NO. 5590,
SUBSTITUTE SENATE BILL NO. 5805,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6067,
SUBSTITUTE SENATE BILL NO. 6115,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6149,
SUBSTITUTE SENATE BILL NO. 6213,
SUBSTITUTE SENATE BILL NO. 6233,
SUBSTITUTE SENATE BILL NO. 6260,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6295,
SUBSTITUTE SENATE BILL NO. 6351,
SUBSTITUTE SENATE BILL NO. 6357,
SUBSTITUTE SENATE BILL NO. 6373,
SUBSTITUTE SENATE BILL NO. 6375,
SUBSTITUTE SENATE BILL NO. 6382,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6389,
SUBSTITUTE SENATE BILL NO. 6589,
SUBSTITUTE SENATE BILL NO. 6644,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6683,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6732,
SUBSTITUTE SENATE BILL NO. 6740,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6761,
ENGROSSED SENATE JOINT MEMORIAL NO. 8015,
SENATE JOINT MEMORIAL NO. 8021,
SENATE JOINT MEMORIAL NO. 8022,
SENATE JOINT MEMORIAL NO. 8027,
SENATE JOINT RESOLUTION NO. 8214,
SENATE AMENDMENTS TO HOUSE BILL
March 2, 2000
Mr. Speaker:
The Senate has passed Engrossed House Bill No. 2648 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.07.290 and 1998 c 245 s 86 are each amended to read as follows:
(1) The Washington quality award council shall be organized as a private, nonprofit corporation, in accordance with chapter 24.03 RCW and this section((, with limited staff assistance by the secretary of state as provided by RCW 43.07.295)).
(2) The council shall oversee the governor's Washington state quality ((achievement)) award program. The purpose of the program is to improve the overall competitiveness of the state's economy by stimulating Washington state industries, business, and organizations to bring about measurable success through setting standards of organizational excellence, encouraging organizational self-assessment, identifying successful organizations as role models, and providing a valuable mechanism for promoting and strengthening a commitment to continuous quality improvement in all sectors of the state's economy. The ((program)) governor shall annually ((recognize)) present the award to organizations that improve the quality of their products and services and are noteworthy examples of high-performing work organizations, as determined by the council in consultation with the governor or appointed representative.
(3) The ((council shall consist of the governor and the secretary of state, or their designees, as chair and vice-chair, respectively, the director of the department of community, trade, and economic development, or his or her designee, and twenty-seven members appointed by the)) governor shall appoint a representative to serve on the board of directors of the council. ((Those twenty-seven council members must be selected from recognized professionals who shall have backgrounds in or experience with effective quality improvement techniques, employee involvement quality of work life initiatives, development of innovative labor-management relations, and other recognized leaders in state and local government and private business. The membership of the board beyond the chair and vice-chair shall be appointed by the governor for terms of three years.))
(4) The council shall establish a board of examiners, a recognition committee, and such other ((subcouncil groups)) committees or subgroups as it deems appropriate to carry out its responsibilities. ((Subcouncil groups established by the council may be composed of noncouncilmembers.))
(5) ((The council shall compile a list of resources available for organizations interested in productivity improvement, quality techniques, effective methods of work organization, and upgrading work force skills as a part of the quality for Washington state foundation's ongoing educational programs. The council shall make the list of resources available to the general public.
(6))) The council may conduct such public information, research, education, and assistance programs as it deems appropriate to further quality improvement in organizations operating in the state of Washington.
(((7))) (6) The council shall:
(a) Approve and announce ((achievement)) award recipients;
(b) Approve guidelines to examine applicant organizations;
(c) Approve appointment of ((judges and)) board of examiners; and
(d) Arrange appropriate annual awards and recognition for recipients((, in conjunction with the quality for Washington state foundation;
(e) Formulate recommendations for change in the nomination form or award categories, in cooperation with the quality for Washington state foundation; and
(f) Review any related education, training, technology transfer, and research initiatives proposed to it, and that it determines merit such a review.
(8) By January 1st of each even-numbered year, the council may report to the governor and the appropriate committees of the legislature on its activities in the proceeding two years and on any recommendations in state policies or programs that could encourage quality improvement and the development of high-performance work organizations.
(9) The council shall cease to exist on July 1, 1999, unless otherwise extended by law)).
NEW SECTION. Sec. 2. RCW 43.07.295 (Washington quality award council--Administrative assistance) and 1997 c 329 s 2 are each repealed.
NEW SECTION. Sec. 3. RCW 43.07.290, as amended by this act, is recodified as a section in chapter 43.06 RCW."
On page 1, line 1 of the title, after "awards;" strike the remainder of the title and insert "amending RCW 43.07.290; adding a new section to chapter 43.06 RCW; recodifying RCW 43.07.290; and repealing RCW 43.07.295."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House did not concur in the Senate Amendment(s) to Engrossed House Bill No. 2648 and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
March 2, 2000
Mr. Speaker:
The Senate has passed House Bill No. 2807 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 74.14A.020 and 1994 sp.s. c 7 s 102 are each amended to read as follows:
State efforts shall address the needs of children and their families, including emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict by:
(1) Serving children and families as a unit in the least restrictive setting available and in close proximity to the family home, consistent with the best interests and special needs of the child;
(2) Ensuring that appropriate social and health services are provided to the family unit both prior to and during the removal of a child from the home and after family reunification;
(3) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;
(4) Recognizing the interdependent and changing nature of families and communities, building upon their inherent strengths, maintaining their dignity and respect, and tailoring programs to their specific circumstances;
(5) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;
(6) Authorizing and facilitating blended funding for children who require services and residential treatment from multiple services systems; including child welfare services, mental health, alcohol and drug, and juvenile rehabilitation;
(7) Being sensitive to the family and community culture, norms, values, and expectations, ensuring that all services are provided in a culturally appropriate and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of planning, delivery, and evaluation efforts;
(((7))) (8)(a) Developing coordinated social and health services which:
(i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;
(ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;
(iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;
(iv) Focus resources on social and health problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;
(v) Reduce duplication of and gaps in service delivery;
(vi) Improve planning, budgeting, and communication among all units of the department and among all agencies that serve children and families; and
(vii) Utilize outcome standards for measuring the effectiveness of social and health services for children and families.
(b) In developing services under this subsection, local communities must be involved in planning and developing community networks that are tailored to their unique needs.
NEW SECTION. Sec. 2. A new section is added to chapter 74.14A RCW to read as follows:
The secretary of the department of social and health services shall charge appropriated funds to support blended funding projects for youth subject to any current or future waiver the department receives to the requirements of IV-E funding. To be eligible for blended funding a child must be eligible for services designed to address a behavioral, mental, emotional, or substance abuse issue from the department of social and health services and require services from more than one categorical service delivery system. Before any blended funding project is established by the secretary, he or she must obtain approval from the public health and safety network or networks established in the catchment area of the project. The network or networks shall not approve services to be delivered to a specific child. The network shall review the proposed blended funding project pursuant to its authority to examine the decategorization of program funds under RCW 70.190.110, within the current appropriation level. The department shall document the number of children who participate in blended funding projects, the total blended funding amounts per child, the amount charged to each appropriation by program, and services provided to each child through each blended funding project and report this information to the appropriate committees of the legislature by December 1st of each year, beginning in December 1, 2000.
NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 4. This act takes effect July 1, 2000."
On page 1, line 1 of the title, after "youth;" strike the remainder of the title and insert "amending RCW 74.14A.020; adding a new section to chapter 74.14A RCW; and providing an effective date."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House did not concur in the Senate Amendment(s) to House Bill No. 2807 and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
March 1, 2000
Mr. Speaker:
The Senate has passed Substitute House Bill No. 2912 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The department of social and health services shall report to the appropriate legislative committees the following information regarding children in out-of-home care during calendar year 1999:
(a) The number of children receiving medication;
(b) The number of children who were not receiving medication before entering out-of-home care, who were prescribed medication during an out-of-home care episode;
(c) The medical diagnosis for all children on prescribed medications;
(d) The number, types, and frequency of medications prescribed to children;
(e) The number of children receiving multiple medications;
(f) The number of children prescribed Ritalin; and
(g) The total number of children in out-of-home care during calendar year 1999, and the number of those children receiving medication.
(2) For purposes of this section, "medication" means psychotropic medication or other medication prescribed to address psychiatric or other behavioral issues.
(3) The report is due to the legislature on or before December 15, 2000."
On page 1, line 2 of the title, after "custody;" strike the remainder of the title and insert "and creating a new section."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House did not concur in the Senate Amendment(s) to Substitute House Bill No. 2912 and asked the Senate to recede therefrom.
SENATE AMENDMENTS TO HOUSE BILL
March 1, 2000
Mr. Speaker:
The Senate has passed House Bill No. 2510 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.127.010 and 1999 c 190 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Administrator" means an individual responsible for managing the operation of an agency.
(2) "Department" means the department of health.
(((2))) (3) "Director of clinical services" means an individual responsible for nursing, therapy, nutritional, social, and related services that support the plan of care provided in home health and hospice agencies.
(4) "Family" means individuals who are important to, and designated by, the patient or client and who need not be relatives.
(5) "Home care agency" means a ((private or public agency or organization that administers or provides)) person administering or providing home care services directly or through a contract arrangement to ((ill, disabled, or infirm persons)) individuals in places of temporary or permanent residence.
(((3))) (6) "Home care services" means ((personal care services, homemaker services, respite care services, or any other)) nonmedical services and assistance provided to ill, disabled, ((or)) infirm ((persons which services enable these persons to remain in their own residences consistent with their desires, abilities, and safety)), or vulnerable individuals that enable them to remain in their residences. Home care services include, but are not limited to: Personal care such as assistance with dressing, feeding, and personal hygiene to facilitate self-care; homemaker assistance with household tasks, such as housekeeping, shopping, meal planning and preparation, and transportation; respite care assistance and support provided to the family; or other nonmedical services.
(((4))) (7) "Home health agency" means a ((private or public agency or organization that administers or provides home health aide services or)) person administering or providing two or more home health services directly or through a contract arrangement to ((ill, disabled, or infirm persons)) individuals in places of temporary or permanent residence. ((A private or public agency or organization that administers or provides)) A person administering or providing nursing services only may elect to be designated a home health agency for purposes of licensure.
(((5))) (8) "Home health services" means ((health or medical)) services provided to ill, disabled, ((or)) infirm ((persons)), or vulnerable individuals. These services ((may be of an acute or maintenance care nature, and)) include but are not limited to nursing services, home health aide services, physical therapy services, occupational therapy services, speech therapy services, respiratory therapy services, nutritional services, medical social services, and home medical supplies or equipment services.
(((6))) (9) "Home health aide services" means services provided by a home health agency or a hospice agency under the supervision of a registered nurse, physical therapist, occupational therapist, or speech therapist who is employed by or under contract to a home health or hospice agency. Such care includes ambulation and exercise, assistance with self-administered medications, reporting changes in patients' conditions and needs, completing appropriate records, and personal care or homemaker services.
(((7) "Homemaker services" means services that assist ill, disabled, or infirm persons with household tasks essential to achieving adequate household and family management.
(8))) (10) "Home medical supplies" or "equipment services" means diagnostic, treatment, and monitoring equipment and supplies provided for the direct care of individuals within a plan of care.
(11) "Hospice agency" means a ((private or public agency or organization)) person administering or providing hospice ((care)) services directly or through a contract arrangement to ((terminally ill persons)) individuals in places of temporary or permanent residence ((by using)) under the direction of an interdisciplinary team composed of at least ((nursing)) a nurse, social ((work)) worker, physician, ((and pastoral or)) spiritual ((counseling)) counselor, and a volunteer.
(((9))) (12) "Hospice care center" means a homelike, noninstitutional facility where hospice services are provided, and that meets the requirements for operation under section 21 of this act.
(13) "Hospice ((care)) services" means((: (a) Palliative care)) symptom and pain management provided to a terminally ill ((person)) individual, and emotional, spiritual, and bereavement support for the individual and family in a place of temporary or permanent residence ((that alleviates physical symptoms, including pain, as well as alleviates the emotional and spiritual discomfort associated with dying; and (b) bereavement care provided to the family of a terminally ill person that alleviates the emotional and spiritual discomfort associated with the death of a family member. Hospice care)), and may include the provision of home health and ((medical services and personal care, respite, or homemaker services. Family means individuals who are important to and designated by the patient, and who need not be relatives.
(10) "Ill, disabled, or infirm persons" means persons who need home health, hospice, or home care services in order to maintain themselves in their places of temporary or permanent residence.
(11) "Personal care services" means services that assist ill, disabled, or infirm persons with dressing, feeding, and personal hygiene to facilitate self-care.
(12) "Public or private agency or organization" means an entity that employs or contracts with two or more persons who provide care in the home.
(13) "Respite care services" means services that assist or support the primary care giver on a scheduled basis)) home care services for the terminally ill individual.
(14) "In-home services agency" means a person licensed to administer or provide home health, home care, hospice services, or hospice care center services directly or through a contract arrangement to individuals in a place of temporary or permanent residence.
(15) "Person" means any individual, business, firm, partnership, corporation, company, association, joint stock association, public or private agency or organization, or the legal successor thereof that employs or contracts with two or more individuals.
(16) "Plan of care" means a written document based on assessment of individual needs that identifies services to meet these needs.
(17) "Quality improvement" means reviewing and evaluating appropriateness and effectiveness of services provided under this chapter.
(18) "Service area" means the geographic area in which the department has given prior approval to a licensee to provide home health, hospice, or home care services.
(19) "Survey" means an inspection conducted by the department to evaluate and monitor an agency's compliance with this chapter.
Sec. 2. RCW 70.127.020 and 1988 c 245 s 3 are each amended to read as follows:
(1) After July 1, 1990, ((no private or public agency or organization may)) a license is required for a person to advertise, operate, manage, conduct, open, or maintain ((a home health agency without first obtaining a home health agency license from the department)) an in-home services agency.
(2) ((After July 1, 1990, no private or public agency or organization may advertise, operate, manage, conduct, open, or maintain a hospice agency without first obtaining a hospice agency license from the department.
(3) After July 1, 1990, no public or private agency or organization may advertise, operate, manage, conduct, open, or maintain a home care agency without first obtaining a home care agency license from the department.)) An in-home services agency license is required for a nursing home, hospital, or other person that functions as a home health, hospice, hospice care center, or home care agency.
Sec. 3. RCW 70.127.030 and 1988 c 245 s 4 are each amended to read as follows:
It is unlawful for any person to use the words:
(1) ((No person may use the words)) "Home health agency," "home health care services," ((or)) "visiting nurse services," "home health," or "home health services" in its corporate or business name, or advertise using such words unless licensed ((as a home health agency)) to provide those services under this chapter((.));
(2) ((No person may use the words)) "Hospice agency," ((or)) "hospice," "hospice services," "hospice care," or "hospice care center" in its corporate or business name, or advertise using such words unless licensed ((as a hospice agency)) to provide those services under this chapter((.));
(3) ((No person may use the words)) "Home care agency," ((or)) "home care services," or "home care" in its corporate or business name, or advertise using such words unless licensed ((as a home care agency)) to provide those services under this chapter((.)); or
(4) "In-home services agency," "in-home services," or any similar term to indicate that a person is a home health, home care, hospice care center, or hospice agency in its corporate or business name, or advertise using such words unless licensed to provide those services under this chapter.
Sec. 4. RCW 70.127.040 and 1993 c 42 s 2 are each amended to read as follows:
The following are not subject to regulation for the purposes of this chapter:
(1) A family member providing home health, hospice, or home care services;
(2) ((An organization that)) A person who provides only meal services in ((a person's)) an individual's permanent or temporary residence;
(3) ((Entities)) An individual providing home care through a direct agreement with a recipient of care in an individual's permanent or temporary residence;
(4) A person furnishing ((durable)) or delivering home medical supplies or equipment that does not involve the ((delivery)) provision of ((professional)) services beyond those necessary to deliver, set up, and monitor the proper functioning of the equipment and educate the user on its proper use;
(((4))) (5) A person who provides services through a contract with a licensed agency;
(((5))) (6) An employee or volunteer of a licensed agency who provides services only as an employee or volunteer;
(((6))) (7) Facilities and institutions, including but not limited to nursing homes under chapter 18.51 RCW, hospitals under chapter 70.41 RCW, adult family homes under chapter 70.128 RCW, boarding homes under chapter 18.20 RCW, developmental disability residential programs under chapter 71.12 RCW, other entities licensed under chapter 71.12 RCW, or other licensed facilities and institutions, only when providing services to persons residing within the facility or institution ((if the delivery of the services is regulated by the state;
(7) Persons));
(8) Local and combined city-county health departments providing services under chapters 70.05 and 70.08 RCW;
(9) An individual providing care to ill, disabled ((persons)), infirm, or vulnerable individuals through a contract with the department of social and health services;
(((8))) (10) Nursing homes, hospitals, or other institutions, agencies, organizations, or persons that contract with licensed home health, hospice, or home care agencies for the delivery of services;
(((9))) (11) In-home assessments of an ill, disabled, vulnerable, or infirm ((person's ability to adapt to the home environment)) individual that does not result in regular ongoing care at home;
(((10))) (12) Services conducted by and for the adherents of a church or religious denomination that rely upon spiritual means alone through prayer for healing in accordance with the tenets and practices of such church or religious denomination and the bona fide religious beliefs genuinely held by such adherents;
(((11))) (13) A medicare-approved dialysis center operating a medicare-approved home dialysis program;
(((12))) (14) A person providing case management services ((which do not include the direct delivery of home health, hospice, or home care services)). For the purposes of this subsection, "case management" means the assessment, coordination, authorization, planning, training, and monitoring of home health, hospice, and home care, and does not include the direct provision of care to an individual;
(((13))) (15) Pharmacies licensed under RCW 18.64.043 that deliver prescription drugs and durable medical equipment that does not involve the use of professional services beyond those authorized to be performed by licensed pharmacists pursuant to chapter 18.64 RCW and those necessary to set up and monitor the proper functioning of the equipment and educate the person on its proper use;
(16) A volunteer hospice complying with the requirements of RCW 70.127.050; and
(17) A person who provides home care services without compensation.
Sec. 5. RCW 70.127.050 and 1993 c 42 s 3 are each amended to read as follows:
(1) An entity that provides hospice care without receiving compensation for delivery of any of its services is exempt from licensure pursuant to RCW 70.127.020(((2))) (1) if it notifies the department, on forms provided by the department, of its name, address, name of owner, and a statement affirming that it provides hospice care without receiving compensation for delivery of any of its services. This form must be filed with the department ((within sixty days after June 30, 1993, or)) within sixty days after being informed in writing by the department of this requirement for obtaining exemption from licensure under this chapter.
(2) For the purposes of this section, it is not relevant if the entity compensates its staff. For the purposes of this section, the word "compensation" does not include donations.
(3) Notwithstanding the provisions of RCW 70.127.030(2), an entity that provides hospice care without receiving compensation for delivery of any of its services is allowed to use the phrase "volunteer hospice."
(4) Nothing in this chapter precludes an entity providing hospice care without receiving compensation for delivery of any of its services from obtaining a hospice license if it so chooses, but that entity would be exempt from the requirements set forth in RCW 70.127.080(1)(d) ((and (e))).
Sec. 6. RCW 70.127.080 and 1999 c 190 s 2 are each amended to read as follows:
(1) An applicant for ((a home health, hospice, or home care)) an in-home services agency license shall:
(a) File a written application on a form provided by the department;
(b) Demonstrate ability to comply with this chapter and the rules adopted under this chapter;
(c) Cooperate with on-site ((review)) survey conducted by the department ((prior to licensure or renewal)) except as provided in RCW 70.127.085;
(d) Provide evidence of and maintain professional liability, public liability, and property damage insurance ((in the amount of one hundred thousand dollars per occurrence or adequate self-insurance as approved by the department)) in an amount established by the department, based on industry standards. This subsection shall not apply to hospice agency applicants that provide hospice care without receiving compensation for delivery of services;
(e) ((Provide evidence of and maintain public liability and property damage insurance coverage in the sum of fifty thousand dollars for injury or damage to property per occurrence and fifty thousand dollars for injury or damage, including death, to any one person and one hundred thousand dollars for injury or damage, including death, to more than one person, or evidence of adequate self-insurance for public liability and property damage as approved by the department. This subsection shall not apply to hospice agency applicants that provide hospice care without receiving compensation for delivery of services;
(f))) Provide ((such proof as the department may require concerning)) documentation of an organizational structure, and the identity of the applicant, officers, administrator, directors of clinical services, partners, managing employees, or owners of ten percent or more of the applicant's assets;
(((g))) (f) File with the department for approval a description of the service area in which the applicant will operate and a description of how the applicant intends to provide management and supervision of services throughout the service area. The department shall adopt rules necessary to establish criteria for approval that are related to appropriate management and supervision of services throughout the service area. In developing the rules, the department may not establish criteria that:
(i) Limit the number or type of agencies in any service area; or
(ii) Limit the number of persons any agency may serve within its service area unless the criteria are related to the need for trained and available staff to provide services within the service area;
(((h))) (g) File with the department a list of the home health, hospice, and home care services ((offered)) provided directly and under contract;
(((i))) (h) Pay to the department a license fee as provided in RCW 70.127.090; ((and
(j))) (i) Comply with RCW 43.43.830 through 43.43.842 for criminal background checks; and
(j) Provide any other information that the department may reasonably require.
(2) A certificate of need under chapter 70.38 RCW is not required for licensure except for the operation of a hospice care center.
(((3) A license or renewal shall not be granted pursuant to this chapter if the applicant, officers, directors, partners, managing employees, or owners of ten percent or more of the applicant's assets, within the last five years have been found in a civil or criminal proceeding to have committed any act which reasonably relates to the person's fitness to establish, maintain, or administer an agency or to provide care in the home of another.))
Sec. 7. RCW 70.127.085 and 1993 c 42 s 11 are each amended to read as follows:
(1) Notwithstanding the provisions of RCW 70.127.080(1)(c), ((a home health or hospice agency)) an in-home services agency that is certified by the federal medicare program, or accredited by the community health accreditation program, or the joint commission on accreditation of health care organizations as a home health or hospice agency ((shall be granted the applicable renewal license, without necessity of)) is not subject to a state licensure ((on-site)) survey if:
(a) The department determines that the applicable survey standards of the certification or accreditation program are substantially equivalent to those required by this chapter;
(b) An on-site survey has been conducted for the purposes of certification or accreditation during the previous twenty-four months; and
(c) The department receives directly from the certifying or accrediting entity or from the licensee applicant copies of the initial and subsequent survey reports and other relevant reports or findings that indicate compliance with licensure requirements.
(2) Notwithstanding the provisions of RCW 70.127.080(1)(c), ((a home care agency)) an in-home services agency providing services under contract with the department of social and health services or area agency on aging to provide home care services and that is monitored by the department of social and health services or area agency on aging ((shall be granted a renewal license, without necessity of an on-site)) is not subject to a state licensure survey by the department of health if:
(a) The department determines that the department of social and health services or an area agency on aging monitoring standards are substantially equivalent to those required by this chapter;
(b) An on-site monitoring has been conducted by the department of social and health services or an area agency on aging during the previous twenty-four months;
(c) The department of social and health services or an area agency on aging includes in its monitoring a sample of private pay clients, if applicable; and
(d) The department receives directly from the department of social and health services copies of monitoring reports and other relevant reports or findings that indicate compliance with licensure requirements.
(3) The department retains authority to survey those services areas not addressed by the national accrediting body, department of social and health services, or an area agency on aging.
(4) In reviewing the federal, the joint commission on accreditation of health care organizations, the community health accreditation program, or the department of social and health services survey standards for substantial equivalency to those set forth in this chapter, the department is directed to provide the most liberal interpretation consistent with the intent of this chapter. In the event the department determines at any time that the survey standards are not substantially equivalent to those required by this chapter, the department is directed to notify the affected licensees. The notification shall contain a detailed description of the deficiencies in the alternative survey process, as well as an explanation concerning the risk to the consumer. The determination of substantial equivalency for alternative survey process and lack of substantial equivalency are agency actions and subject to RCW 34.05.210 through 34.05.395 and 34.05.510 through ((34.05.680)) 34.05.675.
(((4) Agencies receiving a license without necessity of an on-site survey by the department under this chapter shall pay the same licensure or transfer fee as other agencies in their licensure category. It is the intent of this section that the licensure fees for all agencies will be lowered by the elimination of the duplication that currently exists.))
(5) ((In order to avoid unnecessary costs,)) The department is ((not)) authorized to perform a validation survey ((if it is also the agency performing the certification or accreditation survey. Where this is not the case,)) on in-home services agencies who previously received a survey through accreditation or contracts with the department of social and health services or an area agency on aging under subsection (2) of this section. The department is authorized to perform a validation survey on no greater than ((five)) ten percent of each type of certification or accreditation survey.
(6) This section does not affect the department's enforcement authority for licensed agencies.
Sec. 8. RCW 70.127.090 and 1999 c 190 s 3 are each amended to read as follows:
(1) Application and renewal fee: An application for a license or any renewal shall be accompanied by a fee as established by the department under RCW 43.70.250. The department shall adopt by rule licensure fees based on a sliding scale using such factors as the number of agency full-time equivalents, geographic area served, number of locations, or type and volume of services provided. For agencies receiving a licensure survey that requires more than two on-site ((reviews)) surveys by the department per licensure period, an additional fee as determined by the department by rule shall be charged for each additional on-site ((review)) survey. ((The department shall charge a reasonable fee for processing changes in ownership.)) The department may set different licensure fees for each licensure category. Agencies receiving a license without necessity of an on-site survey by the department under this chapter shall pay the same licensure or transfer fee as other agencies in their licensure category.
(2) Change of ownership fee: The department shall charge a reasonable fee for processing changes in ownership. The fee for transfer of ownership may not exceed fifty percent of the base licensure fee.
(3) Late fee: The department may establish a late fee for failure to apply for licensure or renewal as required by this chapter.
Sec. 9. RCW 70.127.100 and 1993 c 42 s 6 are each amended to read as follows:
Upon receipt of an application under RCW 70.127.080 for a license and the license fee, the department shall issue a license if the applicant meets the requirements established under this chapter. A license issued under this chapter shall not be transferred or assigned without thirty days prior notice to the department and the department's approval. A license, unless suspended or revoked, is effective for a period of two years, however an initial license is only effective for twelve months. The department shall conduct ((an on-site review)) a survey within each licensure period((. The department)) and may conduct a licensure survey after ownership transfer. ((The fee for this survey may not exceed fifty percent of the base licensure fee. The department may establish penalty fees for failure to apply for licensure or renewal as required by this chapter.))
Sec. 10. RCW 70.127.120 and 1993 c 42 s 8 are each amended to read as follows:
The department shall adopt rules consistent with RCW 70.127.005 necessary to implement this chapter under chapter 34.05 RCW. In order to ensure safe and adequate care, the rules shall address at a minimum the following:
(1) Maintenance and preservation of all records relating directly to the care and treatment of ((persons)) individuals by licensees;
(2) Establishment and implementation of a procedure for the receipt, investigation, and disposition of complaints ((by the department)) regarding services provided ((by licensees));
(3) Establishment and implementation of a plan for ((on-going)) ongoing care of ((persons)) individuals and preservation of records if the licensee ceases operations;
(4) Supervision of services;
(5) ((Maintenance)) Establishment and implementation of written policies regarding response to referrals and access to services ((at all times));
(6) ((Maintenance)) Establishment and implementation of written personnel policies ((and)), procedures and personnel records for paid staff that provide for ((rehire)) prehire screening, minimum qualifications, regular performance evaluations, including observation in the home, participation in orientation and in-service training, and involvement in quality ((assurance)) improvement activities. The department may not establish experience or other qualifications for agency personnel or contractors beyond that required by state law;
(7) ((Maintenance)) Establishment and implementation of written policies and procedures for volunteers ((that)) who have direct patient/client contact and that provide for background and health screening, orientation, and supervision; ((and))
(8) ((Maintenance)) Establishment and implementation of written policies ((on)) for obtaining regular reports on patient satisfaction;
(9) Establishment and implementation of a quality improvement process; and
(10) Establishment and implementation of policies related to the delivery of care including:
(a) Plan of care for each individual served;
(b) Periodic review of the plan of care;
(c) Supervision of care and clinical consultation as necessary;
(d) Care consistent with the plan;
(e) Admission, transfer, and discharge from care; and
(f) For hospice services:
(i) Availability of twenty-four hour seven days a week hospice registered nurse consultation and in-home services as appropriate;
(ii) Interdisciplinary team communication as appropriate and necessary; and
(iii) The use and availability of volunteers to provide family support and respite care.
Sec. 11. RCW 70.127.125 and 1993 c 42 s 7 are each amended to read as follows:
The department is directed to continue to develop, with opportunity for comment from licensees, interpretive guidelines that are specific to each type of ((license)) service and consistent with legislative intent.
Sec. 12. RCW 70.127.140 and 1988 c 245 s 15 are each amended to read as follows:
(1) ((A licensee)) An in-home services agency shall provide each ((person)) individual or designated representative with a written bill of rights affirming each ((person's)) individual's right to:
(a) A listing of the in-home services offered by the in-home services agency and those being provided;
(b) The name of the ((person)) individual supervising the care and the manner in which that ((person)) individual may be contacted;
(c) A description of the process for submitting and addressing complaints;
(d) Submit complaints without retaliation and to have the complaint addressed by the agency;
(e) Be informed of the state complaint hotline number;
(f) A statement advising the ((person)) individual or representative of the right to ((participate)) ongoing participation in the development of the plan of care;
(((e))) (g) A statement providing that the ((person)) individual or representative is entitled to information regarding access to the department's ((registry)) listing of providers and to select any licensee to provide care, subject to the ((patient's)) individual's reimbursement mechanism or other relevant contractual obligations;
(((f))) (h) Be treated with courtesy, respect, privacy, and freedom from abuse and discrimination;
(((g))) (i) Refuse treatment or services;
(((h) Have patient records be confidential; and
(i) Have)) (j) Have property treated with respect;
(k) Privacy of personal information and confidentiality of health care records;
(l) Be cared for by properly trained staff ((and)) with coordination of services;
(m) A fully itemized billing statement upon request, including the date of each service and the charge. Licensees providing services through a managed care plan shall not be required to provide itemized billing statements; and
(n) Be informed about advanced directives and the agency's responsibility to implement them.
(2) ((Upon request, a licensee shall provide each person or designated representative with a fully itemized billing statement at least monthly, including the date of each service and the charge. Licensees providing services through a managed care plan shall not be required to provide itemized billing statements.)) An in-home services agency shall ensure rights under this section are implemented and updated as appropriate.
Sec. 13. RCW 70.127.150 and 1988 c 245 s 16 are each amended to read as follows:
No licensee, contractee, or employee may hold a durable power of attorney on behalf of any ((person)) individual who is receiving care from the licensee.
Sec. 14. RCW 70.127.170 and 1988 c 245 s 18 are each amended to read as follows:
Pursuant to chapter 34.05 RCW and RCW 70.127.180(3), the department may deny, restrict, condition, modify, suspend, or revoke a license under this chapter or, in lieu thereof or in addition thereto, assess monetary penalties of a civil nature not to exceed one thousand dollars per violation, or require a refund of any amounts billed to, and collected from, the consumer or third-party payor in any case in which it finds that the licensee, or any applicant, officer, director, partner, managing employee, or owner of ten percent or more of the applicant's or licensee's assets:
(1) Failed or refused to comply with the requirements of this chapter or the standards or rules adopted under this chapter;
(2) Was the holder of a license issued pursuant to this chapter that was revoked for cause and never reissued by the department, or that was suspended for cause and the terms of the suspension have not been fulfilled and the licensee has continued to operate;
(3) Has knowingly or with reason to know made a misrepresentation of, false statement of, or failed to disclose, a material fact to the department in ((the)) an application for the license or any data attached thereto or in any record required by this chapter or matter under investigation by the department, or during a survey, or concerning information requested by the department;
(4) Refused to allow representatives of the department to inspect any book, record, or file required by this chapter to be maintained or any portion of the licensee's premises;
(5) Willfully prevented, interfered with, or attempted to impede in any way the work of any representative of the department and the lawful enforcement of any provision of this chapter. This includes but is not limited to: Willful misrepresentation of facts during a survey, investigation, or administrative proceeding or any other legal action; or use of threats or harassment against any patient, client, or witness, or use of financial inducements to any patient, client, or witness to prevent or attempt to prevent him or her from providing evidence during a survey or investigation, in an administrative proceeding, or any other legal action involving the department;
(6) Willfully prevented or interfered with any representative of the department in the preservation of evidence of any violation of this chapter or the rules adopted under this chapter;
(7) Failed to pay any civil monetary penalty assessed by the department pursuant to this chapter within ten days after the assessment becomes final;
(8) Used advertising that is false, fraudulent, or misleading;
(9) Has repeated incidents of personnel performing services beyond their authorized scope of practice; ((or))
(10) Misrepresented or was fraudulent in any aspect of the conduct of the licensee's business;
(11) Within the last five years, has been found in a civil or criminal proceeding to have committed any act that reasonably relates to the person's fitness to establish, maintain, or administer an agency or to provide care in the home of another;
(12) Was the holder of a license to provide care or treatment to ill, disabled, infirm, or vulnerable individuals that was denied, restricted, not renewed, surrendered, suspended, or revoked by a competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or agreement is conclusive evidence of the denial, restriction, nonrenewal, surrender, suspension, or revocation;
(13) Violated any state or federal statute, or administrative rule regulating the operation of the agency;
(14) Failed to comply with an order issued by the secretary or designee;
(15) Aided or abetted the unlicensed operation of an in-home services agency;
(16) Operated beyond the scope of the in-home services agency license;
(17) Failed to adequately supervise staff to the extent that the health or safety of a patient or client was at risk;
(18) Compromised the health or safety of a patient or client, including, but not limited to, the individual performing services beyond their authorized scope of practice;
(19) Continued to operate after license revocation, suspension, or expiration, or operating outside the parameters of a modified, conditioned, or restricted license;
(20) Failed or refused to comply with chapter 70.02 RCW;
(21) Abused, neglected, abandoned, or financially exploited a patient or client as these terms are defined in RCW 74.34.020;
(22) Misappropriated the property of an individual;
(23) Is unqualified or unable to operate or direct the operation of the agency according to this chapter and the rules adopted under this chapter;
(24) Obtained or attempted to obtain a license by fraudulent means or misrepresentation; or
(25) Failed to report abuse or neglect of a patient or client in violation of chapter 74.34 RCW.
Sec. 15. RCW 70.127.180 and 1988 c 245 s 19 are each amended to read as follows:
(1) The department may at any time conduct ((an on-site review)) a survey of all records and operations of a licensee ((or conduct in-home visits)) in order to determine compliance with this chapter. The department may ((also examine and audit records necessary to determine compliance with this chapter)) conduct in-home visits to observe patient/client care and services. The right to conduct ((an on-site review and audit and examination of records)) a survey shall extend to any premises and records of persons whom the department has reason to believe are providing home health, hospice, or home care services without a license.
(2) Following ((an on-site review, in-home visit, or audit)) a survey, the department shall give written notice of any violation of this chapter or the rules adopted under this chapter. The notice shall describe the reasons for noncompliance ((and inform the licensee that it must comply within a specified reasonable time, not to exceed sixty days. If the licensee fails to comply, the licensee is subject to disciplinary action under RCW 70.127.170)).
(3) The licensee may be subject to formal enforcement action under RCW 70.127.170 if the department determines: (a) The licensee has previously been subject to a formal enforcement action for the same or similar type of violation of the same statute or rule, or has been given previous notice of the same or similar type of violation of the same statute or rule; (b) the licensee failed to achieve compliance with a statute, rule, or order by the date established in a previously issued notice or order; (c) the violation resulted in actual serious physical or emotional harm or immediate threat to the health, safety, welfare, or rights of one or more individuals; or (d) the violation has a potential for serious physical or emotional harm or immediate threat to the health, safety, welfare, or rights of one or more individuals.
Sec. 16. RCW 70.127.190 and 1988 c 245 s 20 are each amended to read as follows:
All information received by the department through filed reports, ((audits, on-site reviews,)) surveys, and in-home visits((, or as otherwise authorized)) conducted under this chapter shall not be disclosed publicly in any manner that would identify ((persons)) individuals receiving care under this chapter.
Sec. 17. RCW 70.127.200 and 1988 c 245 s 21 are each amended to read as follows:
(1) Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law and upon the advice of the attorney general, who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or other process against any person to restrain or prevent the advertising, operating, maintaining, managing, or opening of a home health, hospice, hospice care center, or home care agency without ((a)) an in-home services agency license under this chapter.
(2) The injunction shall not relieve the person operating an in-home services agency without a license from criminal prosecution, or the imposition of a civil fine under section 19(2) of this act, but the remedy by injunction shall be in addition to any criminal liability or civil fine. A person that violates an injunction issued under this chapter shall pay a civil penalty, as determined by the court, of not more than twenty-five thousand dollars, which shall be deposited in the department's local fee account. For the purpose of this section, the superior court issuing any injunction shall retain jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties. All fines, forfeitures, and penalties collected or assessed by a court because of a violation of RCW 70.127.020 shall be deposited in the department's local fee account.
Sec. 18. RCW 70.127.210 and 1988 c 245 s 22 are each amended to read as follows:
(1) Any person violating RCW 70.127.020 is guilty of a misdemeanor. Each day of a continuing violation is a separate violation.
(2) If any corporation conducts any activity for which a license is required by this chapter without the required license, it may be punished by forfeiture of its corporate charter. All fines, forfeitures, and penalties collected or assessed by a court because of a violation of RCW 70.127.020 shall be deposited in the department's local fee account.
NEW SECTION. Sec. 19. A new section is added to chapter 70.127 RCW to read as follows:
(1) The department may issue a notice of intention to issue a cease and desist order to any person whom the department has reason to believe is engaged in the unlicensed operation of an in-home services agency. The person to whom the notice of intent is issued may request an adjudicative proceeding to contest the charges. The request for hearing must be filed within twenty days after service of the notice of intent to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the department may enter a permanent cease and desist order, which may include a civil fine. All proceedings shall be conducted in accordance with chapter 34.05 RCW.
(2) If the department makes a final determination that a person has engaged or is engaging in unlicensed operation of an in-home services agency, the department may issue a cease and desist order. In addition, the department may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which the person engaged in unlicensed operation of an in-home services agency. The proceeds of such fines shall be deposited in the department's local fee account.
(3) If the department makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the department may issue a temporary cease and desist order. The person receiving a temporary cease and desist order shall be provided an opportunity for a prompt hearing. The temporary cease and desist order shall remain in effect until further order of the department. The failure to request a prompt or regularly scheduled hearing constitutes a default, whereupon the department may enter a permanent cease and desist order, which may include a civil fine.
(4) Neither the issuance of a cease and desist order nor payment of a civil fine shall relieve the person so operating an in-home services agency without a license from criminal prosecution, but the remedy of a cease and desist order or civil fine shall be in addition to any criminal liability. The cease and desist order is conclusive proof of unlicensed operation and may be enforced under RCW 7.21.060. This method of enforcement of the cease and desist order or civil fine may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders set out in chapter 34.05 RCW.
NEW SECTION. Sec. 20. A new section is added to chapter 70.127 RCW to read as follows:
The legislature finds that the operation of an in-home services agency without a license in violation of this chapter is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Operation of an in-home services agency without a license in violation of this chapter is not reasonable in relation to the development and preservation of business. Such a violation is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
NEW SECTION. Sec. 21. A new section is added to chapter 70.127 RCW to read as follows:
(1) Applicants desiring to operate a hospice care center are subject to the following:
(a) The application may only be made by a licensed hospice agency. The agency shall list which of the following service categories will be provided:
(i) General inpatient care;
(ii) Continuous home care;
(iii) Routine home care; or
(iv) Inpatient respite care;
(b) A certificate of need is required under chapter 70.38 RCW;
(c) A hospice agency may operate more than one hospice care center in its service area;
(d) For hospice agencies that operate a hospice care center, no more than forty-nine percent of patient care days, in the aggregate on a biennial basis, may be provided in the hospice care center;
(e) The maximum number of beds in a hospice care center is twenty;
(f) The maximum number of individuals per room is one, unless the individual requests a roommate;
(g) A hospice care center may either be owned or leased by a hospice agency. If the agency leases space, all delivery of interdisciplinary services, to include staffing and management, shall be done by the hospice agency; and
(h) A hospice care center may either be freestanding or a separate portion of another building.
(2) The department is authorized to develop rules to implement this section. The rules shall be specific to each hospice care center service category provided. The rules shall at least specifically address the following:
(a) Adequate space for family members to visit, meet, cook, share meals, and stay overnight with patients or clients;
(b) A separate external entrance, clearly identifiable to the public when part of an existing structure;
(c) Construction, maintenance, and operation of a hospice care center;
(d) Means to inform the public which hospice care center service categories are provided; and
(e) A registered nurse present twenty-four hours a day, seven days a week for hospice care centers delivering general inpatient services.
(3) Hospice agencies which as of January 1, 2000, operate the functional equivalent of a hospice care center through licensure as a hospital, under chapter 70.41 RCW, shall be exempt from the certificate of need requirement for hospice care centers if they apply for and receive a license as an in-home services agency to operate a hospice home care center by July 1, 2002.
Sec. 22. RCW 70.38.025 and 1997 c 210 s 2 are each amended to read as follows:
When used in this chapter, the terms defined in this section shall have the meanings indicated.
(1) "Board of health" means the state board of health created pursuant to chapter 43.20 RCW.
(2) "Capital expenditure" is an expenditure, including a force account expenditure (i.e., an expenditure for a construction project undertaken by a nursing home facility as its own contractor) which, under generally accepted accounting principles, is not properly chargeable as an expense of operation or maintenance. Where a person makes an acquisition under lease or comparable arrangement, or through donation, which would have required review if the acquisition had been made by purchase, such expenditure shall be deemed a capital expenditure. Capital expenditures include donations of equipment or facilities to a nursing home facility which if acquired directly by such facility would be subject to certificate of need review under the provisions of this chapter and transfer of equipment or facilities for less than fair market value if a transfer of the equipment or facilities at fair market value would be subject to such review. The cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition, improvement, expansion, or replacement of any plant or equipment with respect to which such expenditure is made shall be included in determining the amount of the expenditure.
(3) "Continuing care retirement community" means an entity which provides shelter and services under continuing care contracts with its members and which sponsors or includes a health care facility or a health service. A "continuing care contract" means a contract to provide a person, for the duration of that person's life or for a term in excess of one year, shelter along with nursing, medical, health-related, or personal care services, which is conditioned upon the transfer of property, the payment of an entrance fee to the provider of such services, or the payment of periodic charges for the care and services involved. A continuing care contract is not excluded from this definition because the contract is mutually terminable or because shelter and services are not provided at the same location.
(4) "Department" means the department of health.
(5) "Expenditure minimum" means, for the purposes of the certificate of need program, one million dollars adjusted by the department by rule to reflect changes in the United States department of commerce composite construction cost index; or a lesser amount required by federal law and established by the department by rule.
(6) "Health care facility" means hospices, hospice care centers, hospitals, psychiatric hospitals, nursing homes, kidney disease treatment centers, ambulatory surgical facilities, and home health agencies, and includes such facilities when owned and operated by a political subdivision or instrumentality of the state and such other facilities as required by federal law and implementing regulations, but does not include any health facility or institution conducted by and for those who rely exclusively upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination, or any health facility or institution operated for the exclusive care of members of a convent as defined in RCW 84.36.800 or rectory, monastery, or other institution operated for the care of members of the clergy. In addition, the term does not include any nonprofit hospital: (a) Which is operated exclusively to provide health care services for children; (b) which does not charge fees for such services; and (c) if not contrary to federal law as necessary to the receipt of federal funds by the state.
(7) "Health maintenance organization" means a public or private organization, organized under the laws of the state, which:
(a) Is a qualified health maintenance organization under Title XIII, section 1310(d) of the Public Health Services Act; or
(b)(i) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: Usual physician services, hospitalization, laboratory, x-ray, emergency, and preventive services, and out-of-area coverage; (ii) is compensated (except for copayments) for the provision of the basic health care services listed in (b)(i) to enrolled participants by a payment which is paid on a periodic basis without regard to the date the health care services are provided and which is fixed without regard to the frequency, extent, or kind of health service actually provided; and (iii) provides physicians' services primarily (A) directly through physicians who are either employees or partners of such organization, or (B) through arrangements with individual physicians or one or more groups of physicians (organized on a group practice or individual practice basis).
(8) "Health services" means clinically related (i.e., preventive, diagnostic, curative, rehabilitative, or palliative) services and includes alcoholism, drug abuse, and mental health services and as defined in federal law.
(9) "Health service area" means a geographic region appropriate for effective health planning which includes a broad range of health services.
(10) "Person" means an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies, and insurance companies), the state, or a political subdivision or instrumentality of the state, including a municipal corporation or a hospital district.
(11) "Provider" generally means a health care professional or an organization, institution, or other entity providing health care but the precise definition for this term shall be established by rule of the department, consistent with federal law.
(12) "Public health" means the level of well-being of the general population; those actions in a community necessary to preserve, protect, and promote the health of the people for which government is responsible; and the governmental system developed to guarantee the preservation of the health of the people.
(13) "Secretary" means the secretary of health or the secretary's designee.
(14) "Tertiary health service" means a specialized service that meets complicated medical needs of people and requires sufficient patient volume to optimize provider effectiveness, quality of service, and improved outcomes of care.
(15) "Hospital" means any health care institution which is required to qualify for a license under RCW 70.41.020(2); or as a psychiatric hospital under chapter 71.12 RCW.
NEW SECTION. Sec. 23. A new section is added to chapter 70.38 RCW to read as follows:
All certificate of need applications submitted by hospice agencies for the construction, development, or other establishment of a facility to be licensed as either a hospital under chapter 70.41 RCW or as a nursing home under chapter 18.51 RCW, for the purpose of operating the functional equivalent of a hospice care center shall not require a separate certificate of need for a hospice care center provided the certificate of need application was declared complete prior to July 1, 2001, the applicant has been issued a certificate of need, and has applied for and received an in-home services agency license by July 1, 2002.
Sec. 24. RCW 74.39A.050 and 1999 c 336 s 5 are each amended to read as follows:
The department's system of quality improvement for long-term care services shall use the following principles, consistent with applicable federal laws and regulations:
(1) The system shall be client-centered and promote privacy, independence, dignity, choice, and a home or home-like environment for consumers consistent with chapter 392, Laws of 1997.
(2) The goal of the system is continuous quality improvement with the focus on consumer satisfaction and outcomes for consumers. This includes that when conducting licensing inspections, the department shall interview an appropriate percentage of residents, family members, resident managers, and advocates in addition to interviewing providers and staff.
(3) Providers should be supported in their efforts to improve quality and address identified problems initially through training, consultation, technical assistance, and case management.
(4) The emphasis should be on problem prevention both in monitoring and in screening potential providers of service.
(5) Monitoring should be outcome based and responsive to consumer complaints and a clear set of health, quality of care, and safety standards that are easily understandable and have been made available to providers.
(6) Prompt and specific enforcement remedies shall also be implemented without delay, pursuant to RCW 74.39A.080, RCW 70.128.160, chapter 18.51 RCW, or chapter 74.42 RCW, for providers found to have delivered care or failed to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or likely to cause death or serious harm to one or more residents. These enforcement remedies may also include, when appropriate, reasonable conditions on a contract or license. In the selection of remedies, the safety, health, and well-being of residents shall be of paramount importance.
(7) To the extent funding is available, all long-term care staff directly responsible for the care, supervision, or treatment of vulnerable persons should be screened through background checks in a uniform and timely manner to ensure that they do not have a criminal history that would disqualify them from working with vulnerable persons. Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis according to law and rules adopted by the department.
(8) No provider or staff, or prospective provider or staff, with a stipulated finding of fact, conclusion of law, an agreed order, or finding of fact, conclusion of law, or final order issued by a disciplining authority, a court of law, or entered into a state registry finding him or her guilty of abuse, neglect, exploitation, or abandonment of a minor or a vulnerable adult as defined in chapter 74.34 RCW shall be employed in the care of and have unsupervised access to vulnerable adults.
(9) The department shall establish, by rule, a state registry which contains identifying information about personal care aides identified under this chapter who have substantiated findings of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult as defined in RCW 74.34.020. The rule must include disclosure, disposition of findings, notification, findings of fact, appeal rights, and fair hearing requirements. The department shall disclose, upon request, substantiated findings of abuse, neglect, financial exploitation, or abandonment to any person so requesting this information.
(10) The department shall by rule develop training requirements for individual providers and home care agency providers. Effective March 1, 2002, individual providers and home care agency providers must satisfactorily complete department-approved orientation, basic training, and continuing education within the time period specified by the department in rule. The department shall adopt rules by March 1, 2002, for the implementation of this section in collaboration with providers, consumers, caregivers, advocates, family members, educators, and other interested parties, in the rule-making process, or the community long-term care training and education steering committee, if enacted. The department shall deny payment to an individual provider or a home care provider who does not complete the training requirements within the time limit specified by the department by rule.
(11) In an effort to improve access to training and education, the coordinated system of long-term care training and education must include flexible and innovative learning strategies that accomplish the training goals, such as competency and outcome-based models and distance learning.
(12) The department shall create an approval system by March 1, 2002, for those seeking to conduct department-approved training.
(13) The department shall establish, by rule, training, background checks, and other quality assurance requirements for personal aides who provide in-home services funded by medicaid personal care as described in RCW 74.09.520, community options program entry system waiver services as described in RCW 74.39A.030, or chore services as described in RCW 74.39A.110 that are equivalent to requirements for individual providers.
(((12))) (14) Under existing funds the department shall establish internally a quality improvement standards committee to monitor the development of standards and to suggest modifications.
(((13))) (15) Within existing funds, the department shall design, develop, and implement a long-term care training program that is flexible, relevant, and qualifies towards the requirements for a nursing assistant certificate as established under chapter 18.88A RCW. This subsection does not require completion of the nursing assistant certificate training program by providers or their staff. The long-term care teaching curriculum must consist of a fundamental module, or modules, and a range of other available relevant training modules that provide the caregiver with appropriate options that assist in meeting the resident's care needs. Some of the training modules may include, but are not limited to, specific training on the special care needs of persons with developmental disabilities, dementia, mental illness, and the care needs of the elderly. No less than one training module must be dedicated to workplace violence prevention. The nursing care quality assurance commission shall work together with the department to develop the curriculum modules. The nursing care quality assurance commission shall direct the nursing assistant training programs to accept some or all of the skills and competencies from the curriculum modules towards meeting the requirements for a nursing assistant certificate as defined in chapter 18.88A RCW. A process may be developed to test persons completing modules from a caregiver's class to verify that they have the transferable skills and competencies for entry into a nursing assistant training program. The department may review whether facilities can develop their own related long-term care training programs. The department may develop a review process for determining what previous experience and training may be used to waive some or all of the mandatory training. The department of social and health services and the nursing care quality assurance commission shall work together to develop an implementation plan by December 12, 1998.
NEW SECTION. Sec. 25. A new section is added to chapter 74.39A RCW to read as follows:
All training curricula and material, except competency testing material, developed by the department and used in part or in whole to improve provider and caregiver knowledge and skill are in the public domain and are subject to public disclosure under chapter 42.17 RCW. Any training curricula and material developed by a private entity and used under contract or by agreement with the department are also considered part of the public domain and shall be shared subject to any copyright restrictions. It is department's responsibility when making training materials available to the public, to identify which material has copyright or other legal restrictions on its use, and which does not. Any proprietary curricula and material developed by a private entity for training purposes in facilities licensed under chapter 18.20 or 70.128 RCW or individual providers and home care agency providers under this chapter and approved for training by the department are not part of the public domain.
NEW SECTION. Sec. 26. This act takes effect January 1, 2002.
NEW SECTION. Sec. 27. The following acts or parts of acts are each repealed:
(1) RCW 70.127.060 (Nursing homes--Application of chapter) and 1988 c 245 s 7;
(2) RCW 70.127.070 (Hospitals--Application of chapter) and 1988 c 245 s 8;
(3) RCW 70.127.110 (Licenses--Combination--Rules--Fees) and 1999 c 190 s 4 & 1988 c 245 s 12;
(4) RCW 70.127.220 (Agency registry) and 1988 c 245 s 23;
(5) RCW 70.127.230 (Hospice agencies--Exemption for certain activities) and 1988 c 245 s 24;
(6) RCW 70.127.240 (Home health or hospice agencies--Exemption for certain activities) and 1988 c 245 s 27;
(7) RCW 70.127.250 (Home health agencies--Patient care and treatment--Rules--Definitions) and 1994 sp.s. c 9 s 745, 1993 c 42 s 10, & 1988 c 245 s 25;
(8) RCW 70.127.260 (Hospice agencies--Rules) and 1988 c 245 s 26; and
(9) RCW 70.127.270 (Home care agencies--Rules) and 1988 c 245 s 28."
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 70.127.010, 70.127.020, 70.127.030, 70.127.040, 70.127.050, 70.127.080, 70.127.085, 70.127.090, 70.127.100, 70.127.120, 70.127.125, 70.127.140, 70.127.150, 70.127.170, 70.127.180, 70.127.190, 70.127.200, 70.127.210, 70.38.025, and 74.39A.050; adding new sections to chapter 70.127 RCW; adding a new section to chapter 70.38 RCW; adding a new section to chapter 74.39A RCW; repealing RCW 70.127.060, 70.127.070, 70.127.110, 70.127.220, 70.127.230, 70.127.240, 70.127.250, 70.127.260, and 70.127.270; prescribing penalties; and providing an effective date."
and the same are herewith transmitted.
Tony M. Cook, Secretary
There being no objection, the House did not concur in the Senate Amendment(s) to House Bill No. 2510 and asked the Senate to recede therefrom.
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 10:00 a.m., Monday, March 6, 2000, the 57th Legislative Day.
TIMOTHY A. MARTIN, Chief Clerk CLYDE BALLARD, Speaker
CYNTHIA ZEHNDER, Chief Clerk FRANK CHOPP, Speaker